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The Courts: The Battle for the Pro-Life Future

Bradley Mattes   |   July 19, 2018

The courts are absolutely essential to saving unborn babies. From Roe v. Wade onward, abortion advocates have only been able to impose their extreme agenda because of rulings of unelected judges rather than the democratic process.

In order to break the pro-abortion stranglehold and return the power back to the people, confirming judges who respect the Constitution and the protections it affords is imperative.

A court ruling this past weekend shows just how pivotal this is.

A panel of judges from the 5th U.S. Circuit Court of Appeals in a 2-1 decision overruled a lower court’s order, which shockingly mandated that the Texas Conference of Catholic Bishops turn over all their internal communications that mentioned abortion to Whole Woman’s Health (WWH), a chain of abortion facilities. U.S. District Judge David Ezra ordered the bishops to submit over 1,000 pages of emails and other office communications to WWH and their lawyers – putting them at a clear disadvantage early on in their civil trial.

How did we get to a place where abortion advocates could gain such an upper hand?

In 2016 WWH sued the state of Texas over a law that requires the cremation or burial of fetal remains. They argued the cost violated the rights of the women who were having abortions. In response, the Catholic bishops offered free burials in Catholic cemeteries. But the bishops’ act of human charity made them an unwitting target, pulling them into a lawsuit with WWH.

When pro-life groups go high, abortion advocates go low. Luckily for the bishops, their trial will be on more even ground after the 5th Circuit Court of Appeals issued a rare Sunday ruling in their favor.

Writing for the majority, Reagan appointee Judge Edith Jones argued that “the district court failed to afford sufficient scope to rights that should protect the inner workings of [the Texas Conference of Catholic Bishops] when it engages in activity in the public square.”

Even more encouraging and profound is the concurring opinion filed by Judge James Ho, who was recently nominated by President Donald Trump. Judge Ho wrote that the First Amendment “expressly guarantees…the right of the Bishops to express their profound objection to the moral tragedy of abortion.”

Ho said the lower court’s order was far too accommodating to Whole Woman’s Health, calling it “troubling” and a clear attempt to “retaliate against people of faith for not only believing in the sanctity of life – but also for wanting to do something about it.” What a powerful opinion that protects pro-life Americans!

Impressive work like this is nothing new for Judge Ho.

Judge James C. Ho

Prior to being confirmed to the Court of Appeals for the 5th Circuit, Judge Ho served as a solicitor general for the state of Texas and volunteered over a thousand hours of his time at First Liberty Institute, an organization dedicated to preserving religious liberty for all Americans.

This is yet another case that shows just how important it is that President Trump has kept his pro-life promise in nominating judges who stick to the Constitution and its protections for conscience and religious liberty. He is a man of his word. And with even more of these key judicial nominations on the horizon, he needs all the support he can get from the pro-life movement.

You can help support President Trump’s crucial nomination of Judge Brett Kavanaugh to the U.S. Supreme Court by going to our Take Action page and writing to your U.S. Senators, telling them to vote for Judge Kavanaugh. It will take less than 60 seconds!

We need judges like Judge Ho and Kavanaugh to stop the national pro-abortion power grab.

For LIFE,

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