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Republican Appointed Justices: Do They Make a Difference?

By Chuck Baldwin

June 23, 2000


A few days ago, the U.S. Supreme Court, by a 6-3 vote, handed down a school
prayer ruling that is as perfidious as any decision it has ever made. This
ruling rivals the ’62 & ’63 Supreme Court decisions that expelled prayer
and Bible reading from our public schools. It might even be worse, because
it prohibits student led prayers, something the court had never before
addressed.

It is more than interesting that the current court is a lopsided Republican
appointed court. The current Supreme Court is comprised of seven Republican
appointed justices to only two Democrat appointed ones. This fact created a
curiosity that prompted me to review past Supreme Court rulings. My
discovery leads me to believe that there is little difference between
Democrat and Republican appointed Supreme Court justices.

Consider the 1973 Roe v Wade Supreme Court decision that legalized abortion
on demand. Republican appointed justices held a 6-3 majority on that court.
Yet, the vote was 7-2 in favor of Roe. (And one of the two dissenting votes
was cast by a Democrat appointed justice.) In the Roe decision, Republican
appointed justices voted 5-1 in support of legalizing abortion.

Consider the two infamous cases in ’62 & ’63. The first, Engel v Vitale,
resulted in voluntary prayer being removed from our public schools. The
second, Abington Township v Schemp, removed Bible reading from schools.

On the 1962 Supreme Court, Democrat appointed justices held a 6-3 majority.
The same was true in 1963. The vote to remove prayer from schools in ’62
was 6-1 (two members did not participate). The vote to remove Bible reading
in ’63 was 8-1. Republican appointed justices voted 2-1 to remove prayer
from school. Republican appointed justices voted to remove Bible reading
from schools by the same margin.

No one can argue that each of these cases was a landmark case. Many
historians regard the cases in ’62 & ’63 and the one in ’73 as the worst
court decisions since the Dred Scott case in 1857 that declared Negroes to
be mere chattel. This latest decision is no less egregious.

The point is this: Republicans insist that we must vote for their
presidential candidate in order to insure that liberal justices are not
appointed to the Supreme Court. Oh, really? The facts described above do
not support their argument. Even a 7-2 Republican majority hasn’t turned
the tide. For the past four decades, the Supreme Court has continued to
take the nation down the path toward secularism, and it hasn’t mattered
which party has had a majority of appointments.



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