The following is a transcript of the first segment of the Pro America Report.
Welcome, welcome, welcome. Ed Martin here at the Pro America Report. Great to be with you.
In a few moments, we’ll hear from Kyle Olsen, the great reporter at Breitbart News. You can go to Breitbart.com, read all of his stuff. Kyle will fill us in on Pete Buttigieg, infrastructure, we’ll get an update on all that.
And John Schlafly, a little late in the week this week, his column, The Schlafly Report, runs on townhall.com in the middle of the week. And we’ll catch up with John on a lot of the issues that are facing this country right now, including his vacation plans. I’m not sure the country’s focused on that.
But welcome again. It’s Ed Martin, it’s the Pro America Report. You can always visit ProAmericaReport.com. Go over to ProAmericaReport.com and you can sign up there for the daily email that I send out, what you need to know, as well as you can get in there and you can see all these great interviews we’re having and have had. And I was looking at a list of the interviewees that I’ve had. It’s extraordinary, amazing number of people. And they’re all over there on the ProAmericaReport.com.
Okay, today we’ve got to talk about something. It has a link up to Monday. On Monday, I’m going to talk with Walter Hoye. Walter Hoye was an organizer of the first ever Men’s March for Life, the idea being that men ought to be paying attention to this issue of abortion.
And in fact, as they’re paying attention and as they’re bringing attention to the issue, there’s lots of conversations about accountability for men, that men ought to be held accountable. That we need to make sure that men are not just in the argument about the legality of abortion, which is real, but also how do we… it takes two to tango. And making sure that fathers, men are held accountable.
And as not just a matter of saying, Hey, the law should hold him accountable. No, also, Hey, how do we, as a people, make sure that we’re doing the right thing in terms of either marriage or in terms of responsibility in general? So great.
We’ll talk to him on Monday about that issue, because today I want to talk about the state of Mississippi. The state of Mississippi has a case before the Supreme Court. The case is about a ban in Mississippi. The Mississippi legislators and the governor signed this bill. It’s now law. They say that, Hey, 15 weeks is enough time. Anything after 15 weeks, you can’t abort that, it’s a baby.
Now, some of us say from conception or from a heartbeat. There’s lots of debate on this, but 15 weeks is what Mississippi decided. They are now up in the Supreme Court, and they filed a brief and the attorney general for Mississippi, a woman — Important.
Just why not, it’s important to make sure people know it’s not some dude, which is what the media will run around and say, Oh, this is men doing this. It’s the attorney general. Her name is failing me right now… is Fitch. Fitch is her name. She’s a general, excuse me, Mississippi Attorney General Lynn Fitch. She filed this brief.
The important thing is she didn’t shy away from the big story, the big question, the big fight. And that is this: she makes in the brief, the argument – This is the attorney general, Mississippi – that the whole structure of Roe v. Wade, Doe v. Bolton, from 1973 that created out of whole cloth, a right to privacy that could be used to justify abortion.
And she argues it’s just not right. It’s made up. We know that, by the way, there is a really wonderful book. A guy named Clark Forsythe wrote a book about, I’d say maybe three years ago. Now, it could be four years ago.
Clark Forsythe wrote a book where he had access to all of the bench memos and the notes and things from within the the Supreme Court and was able to go back and look at this and say, Hey, this is what actually happened. And this is, they made it up.
The book is called Abuse of Discretion: The Inside Story of Roe v. Wade. It was published by, boy I’m surprised eight years ago, it’s published by Encounter Books. Abuse of Discretion, Abuse of Discretion. Clark Forsythe. He had access to all the bench memos, all the inside stuff. And when he looked at it on Roe v. Wade, they really made it up.
In fact, it’s not even the justices that made up the framework, the trimester structure that they used. It was some of the clerks, one or two of the clerks that had this idea, and they sort of pitched it to their bosses, and that’s where we ended up.
But importantly, the Mississippi attorney general has said that decision was not appropriate. It needs to be overturned. And now, most of the time, by the way, Conservatives will shy away from some of this. They’ll say, well, I’m not sure we’re going to get into that, isn’t it a little bit too much? Aren’t we going to be worried about what the impact is?
Well, Mississippi’s attorney general decided she was going to weigh into it and say they need to overturn Roe v. Wade. So now we’re setting up in the fall, in the fall of this coming year.
So a few months from now, there will be before the Supreme Court, this incredible debate not only on whether Mississippi has the right to have this law, which is limits abortion to – you cannot abort after 15 weeks. But also to look at the cases that have been standing in the way.
So back to just walk through this. Roe v. Wade and Doe v. Bolton were the cases back in 1973. But of course, in 1992, there was a case called Planned Parenthood v. Casey. And Fitch did, by the way, in the brief say that the court does not have to overturn Roe v. Wade to allow, or Casey, to allow the state of Mississippi to keep this ban.
But I think most people say, Hey, we’re going to look at that framework. You see, Roe v. Wade made up not just a privacy right out of kind of whole cloth, a privacy right to abortion. But they also set up this framework, of a trimester framework, during which… and that’s what the 1992 case, Planned Parenthood v. Casey.
They basically say, what kind of scrutiny a law that limits abortion in the third trimester, second trimester, or first trimester – that’s what can be done. And that’s what they’re also objecting to. Totally made up, totally made up.
What we have in this country is that the left has wanted to achieve certain policies that they could not pass through the legislative process. Starting with Roe v. Wade, of course, but going all the way forward. Marriage, some of the rulings on discrimination and some of the rulings, by the way, not all of these are, you’d object to on the face.
But why they’re not passed by the legislature is another point. There’s another point, right? And so we’ve watched this march, and what happens is, over time, you have people tell us, Oh, well, you can never upset the court. The court can never change their opinion.
Stare decisis – that’s the term. Stare decisis means that you have a certain deference to previous cases. Actually, what it really means is if you’re a lower court, you’re bound by the other upper courts, and you’re not going to be departing from that in any dramatic way.
But stare decisis means it’s going to be that’s really the rule of precedent. And I’m describing also, but stare decisis is kind of a momentum. And in a way, you can understand the instinct. You say, well, in a society, if you have to have reliability, predictability on the law, stare decisis, this notion that you’re going to defer to past precedent is a good starting point. But we’ve always had the tradition, you have to have a final arbiter.
And we’ve always had that so that the Supreme Court can look back at things. And so the idea that the left is now saying, Oh, my gosh, no, no, you can’t look back at this. This is too, it’s been around too long. People relied on it.
What this great brief, and I did read most of it. I read the beginning in the end and some of the middle. But the Mississippi attorney general, what she says is no. Lynn Fitch is her name, again to praise her. She makes a good case. She makes a good file, it’s a good brief.
It says this is not appropriate. It was not sufficient. It was ill-conceived, it’s been ill-applied. It’s not good for us. We should change it. So that’s what we’re facing. This is a big deal.
You know, people that understand, Conservatives have wanted our courts to get back to basics and to reverse some of these liberal things. It’s not activism to say go back to basics. It’s not activism to say get rid of Roe v. Wade, which was an activist decision.
That’s a trick they’re gonna do. And what they’re going to prepare, you’re gonna see now, it’s July. You’re going to see the media machine, the narrative machine start to ramp up and say things like, Oh, the conservative court, it’s 6 to 3. It’s going to be an activist court. I’m not sure it is six to 3, by the way. It’s probably five to 4, depending on how Chief Justice John Roberts thinks that day.
But it is likely you’re going to hear that drum beat, and it’s likely that you’re going to hear the pressure and you’re going to see the pressure. And they’re going to have people just like we had last summer, rioting in America. Rioting over all sorts of conditions, right? I don’t know if any of them were addressed, but there’s no rioting this summer.
Why is that? It’s because it was ginned up. It was political, it was managed. And the media narrative is going to manage to try to say, Oh, boy, this conservative court, that Trump helped appoint is going to be activist.
Now it’s going to get back to basics. And one of the basics is, states can limit abortion. And there is no fundamental right. And there certainly is no framework that Roe v. Wade came up with that can make this magically work in trimesters. There’s nothing to that. Science is clear now. There’s no trimester that makes any sense.
So that’s where we’re going. And we’ll see that. And we’ll talk again with Walter Hoye on Monday about his effort to make sure that people are broadening the conversation about abortion. He started the Men’s March for Life. Alright, everybody, we’ll take a break. When we come back, we’ve got Kyle Olson, of Breitbart, and John Schlafly, of the Schlafly Report, and a lot more.
Ed Martin here in the Pro America Report. Be back in a moment.