Sunday, July 15, 2018

Shifting the Roe Burden Back to Schumer

Kavanaugh need not bow down to a golden image, but he must give obeisance to Roe v. Wade, the 1973 landmark abortion case.

"The onus is on the nominee," Schumer has declared, "To show where he or she might stand" on Roe.

Schumer says he will take an "Affirmative statement of support" for Roe and nothing else.

Schumer is engaging in what lawyers call improper burden shifting.

Schumer seeks to ignore Kavanaugh's pedigree and make fidelity to Roe the issue.

If Kavanaugh's receipt of Democratic votes is contingent on his embrace of Roe, Schumer and his colleagues should bear the initial burden of demonstrating that Roe is congruent with our Constitution.

Roe is built on the shaky doctrine of substantive due process.

https://www.americanthinker.com/articles/2018/07/shifting_the_emroeem_burden_back_to_schumer.html 

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