Friday, October 21, 2016


(This blog is far too long, but I am publishing it because of many requests)

In just over five hundred hours from now, the people of the United States will be stepping behind the curtain to vote for President of the United States.

I have to say that this is the … the strangest election in my life time.

It really is unusual. Driving over here from Harbor Springs, I saw a bumper sticker…. with no name on it.

Just a box with an  “X” in it. Then, in red letters, it said “NONE OF THE ABOVE”

It really is the strangest election in my lifetime, and I have to tell you that I am a very, very old man.

I was curled up on my mother’s womb in 1928 when Herbert Hoover defeated Al Smith.

It was the only time my father ever voted for a Democrat. Of course, he denied it. He said he didn’t vote for a Democrat. He said he voted for a Catholic.

I got my first experience in grass roots politics in 1936. It was literally grass roots. I wrestled a kid in my neighborhood on the front lawn. He was for Franklin Delano Roosevelt and I was for Alf Landon.

That was a very long time ago. There was no television, there were no computers, no Face Book. My grandmother’s canary was the only thing that tweeted. The Supreme Court was still trying to protect the Constitution from the New Deal.

Too bad Alf Landon didn’t win. The first thing Roosevelt did in 1937 was to try to pack the Supreme Court with six new justices. Congress defeated the Judiciary Reorganization Bill of 1937, but it wasn’t long before FDR was able to make his first Supreme Court appointment.

He said he wanted a “thumping evangelical New Dealer” and he found  one in Hugo Black, a Senator from Alabama.

Over the next twelve years, Roosevelt appointed seven more thumping, evangelical New Deal Judges, and the Supreme Court was magically and permanently converted into a political arm of the White House.

Today, we have Justices like Ruth Bader Ginsburg who presided over a gay wedding while the court was still hearing the debates about gay marriage and who openly declared her partisanship in the presidential election.

For more than seventy-five years, the Supreme Court of the United States has usurped the sovereignty of the American people by inventing what they call “constitutional law.” to advance their political agenda.

There are only two problems with ‘constitutional law’:

It isn’t constitutional and it isn’t law.

The Constitution says in plain English that IT is the Supreme Law of the land.  The Constitution is the law. The plain words of the Constitution. The plain words that the people who ratified the Constitution and its Amendments used when they adopted it and when they amended it.

The whole idea of a written constitution is to protect the law from the lawyers. It is written in the language used by ordinary people. It says what it means and it means what it says. Nothing less and nothing more.

The idea that nine unelected life time Justices of the Supreme Court can invent new civil rights that nobody ever dreamed of when the Constitution was adopted or amended is not only preposterous: it is a deliberate assault on the Supreme Law of the Land.

It is a criminal attack on the  sovereignty and the liberty of the American people.

You cannot have government of the people, by the people and for the people if the words the people adopt and ratify are twisted and ignored and re-defined and contorted to mean what nine self appointed arbiters of national culture want them to say.

My friends, it is time for the American people to stand up and say “We have had enough.” Indeed, we have had more than enough. We have had far too much judge made law in the United States and it is high time we take back the Supreme Court and confine it to its constitutional duty of deciding cases and controversies.

When the Supreme Court decided, in 1857, that an emancipated black man named Dred Scot could not be a citizen, Abraham Lincoln made it crystal clear that the Supreme Court does not have the power to make laws.

Supreme Court decisions are only binding on the parties to a case. They are not the law of the land, they are the law of the case, and they only affect similar cases as long as the personnel on the Supreme Court remains the same.

In 1890 the Supreme Court decided that racial segregation was constitutional. In 1954 that decision was overruled. It took sixty four years; but it happened.

You and I have come here this evening to express our support for the right to life of every human being from conception to natural death.

We are here tonight because in1973 the United States Supreme Court rendered an opinion in the case of Roe V Wade to the effect that women have a constitutional right to a medically assisted abortion.

That opinion has been roundly criticized by legal experts and scholars for four decades. That opinion was based on a so called right of privacy which the court admitted is nowhere to be found in the words of the constitution or the bill of rights. In his dissenting opinion, Mr. Justice Byron White called the majority opinion a raw abuse of judicial power.

My friends, whatever else is going to be decided on November 8, the impact of this election on the future of the Supreme Court must be our primary concern.

In addition to the vacancy created by the death of Antonin Scalia, the seats occupied by Clinton appointees Ruth Bader Ginsberg and Stephen Breyer will almost certainly be vacated in the next eight years, as will the seat held by the infamous swing voter appointed by Ronald Reagan, Anthony Kennedy.

If the American people elect a President who sees it as his duty to appoint Justices who will abide by the plain words of the Constitution, there is every possibility that the decision in Roe versus Wade will, eventually, be reversed.

The talking heads on television and elsewhere like to tell us that abortion is a social issue. Social issue. That’s a nice, gentle way to approach it. Sort of like which fork to use for the salad, or whether you should take off your hat in an elevator.

My friends, There’s nothing social about abortion. It is an evil curse on civilized mankind. And the evil visited upon our nation by Roe V Wade is every bit as heinous and immoral and unconscionable as slavery and Jim Crow.

Margaret Sanger, the founder of Planned Parenthood, was a eugenicist. That means she was a student and an advocate of eugenics. Very simply, eugenics is the science of improving the human race by breeding stronger, smarter, more beautiful people.

Margaret Sanger argued in favor of abortion to eliminate poor people, ignorant people, ugly people. All those unfortunate men and women she claimed had “bad genes.”

People who were, in her eyes, condemned to be losers. The peasants. The underclass.  Especially people of African descent. Especially people with dark skin.

Her followers in the abortion industry today still honor Margaret Sanger, and despite all their pious talk about a woman’s reproductive health, they are still hell bent on trying to improve the breed of humanity.

It is no coincidence that most abortion clinics are located in the inner cities of our nation. Black women are five times as likely to have an abortion than white women.

In New York City more black babies are aborted than are born alive. Nearly two thousand black babies are killed in America every single day. Two thousand. Every single day. Those “Black Lives Matter” Those “Babies Lives Matter.”

Abortion is even more than a moral or legal issue. It is a political issue. In fact it is the most divisive, emotional political issue in America. It divides our nation as surely and as bitterly as the question of slavery that led to the civil war.

In the forty years since Roe V. Wade, over 60 million Americans have been denied the right to be born. Think of what that means to our country. Sixty million people. More than the combined populations of California and New York.

Sixty million people under the age of 43. Sixty million Americans who will never work or save or spend. Sixty million Americans who will never pursue happiness in this great land of the free and home of the brave. Sixty million Americans who will never go to college, buy a house, get married, or have children. Sixty million Americans who will never vote or serve their country in uniform.

I began these remarks tonight by suggesting that we Americans have a Hobson’s choice in the Presidential election. Surely the bitterness and scorn which mars our political rhetoric would seem to justify the conclusion that both Hillary Clinton and Donald Trump are scoundrels unworthy of the highest office in our nation.

But the plain, undeniable fact is that they are divided on the crucial issue of abortion. Mrs. Clinton would continue her husband’s preference for activist liberal Supreme Court Justices. Mr. Trump has declared his intention to appoint Justices in the tradition of Antonin Scalia.

In 1860 the newly organized Republican Party promised to abolish slavery.

It was also a bitterly contested election. The Democrats hated Lincoln so much that his life was threatened. He had to sneak into Washington wearing a disguise.

The election of 2016 is perhaps the most bitter and divisive since the Civil War. But for those of us who are pro life, the decision is clear. The Republican Party was the Party of abolition in 1860 and the Republican Party is the Party of Life in 2016.

We will vote for Donald Trump. Not because we like him. We don’t. Not because he is a role model for our children and grandchildren. He isn’t. Not because he is some great successful, charismatic leader who promises to make America great again. That remains to be seen.

We will vote for Donald Trump for one reason and one reason only: because he has heard what we are saying; because he has picked up the pro life banner; because he is committed to the cause of the unborn.

We will vote for Donald Trump and we will ask Almighty God to inspire him to support and defend our nation’s Constitution and to appoint Supreme Court Justices who will restore the Constitution as the Supreme Law of the Land.  

We will vote for Donald Trump because black lives and white lives, and babies lives and old people’s lives and every human life in this nation and on this planet matter. They matter to the beneficent Creator whose infinite love has given us this home.

We will vote for Donald Trump and we will leave the outcome to the same Almighty God in whom we Americans have always placed our trust.

We will leave the outcome to the mighty voice of God’s People on November eighth.

May God bless each of us, and may God bless the United States of America.


  1. Dear Tom, whenever I read one of your posts referencing the law, I wonder aloud why you aren't sitting on the Supreme Court.
    Wonderful speech.
    Thank you.

  2. Wonderful oratory, Judge! I bet it sounded even better than it reads

    You were preaching to the choir, so no hard sell persuasion was necessary.

    I wonder how you would ground the following to a more diverse audience, given the risks inherent in a Trump presidency.

    "My friends, whatever else is going to be decided on November 8, the impact of this election on the future of the Supreme Court must be our primary concern."

  3. 2000 black children a day, nearly 3/4 of a million a year, if born would give Democrats an irreversible majority in very short order. Their support of abortion is very short-sighted. Additionally, were these children born over the last 40 years, it seems abortion would still be the law of the land and the Supreme Court would, by now,
    Chas Bassos
    have no conservatives at all on the bench.

  4. For shame, Chas. I cannot believe that any right thinking conservative would equate elective abortions wth the slaughter of Democrats.