The Supreme Court

As I realized John Thune had defeated Tom Daschle last November, the first thought that came to mind was that the people of South Dakota as just saved the Supreme Court. With the death of Chief Justice William Rehnquist, the moment to save the Supreme Court is here. Today, the Argus Leader let Democrat activist David Kranz write a front-page report on the issue. Here are the quotes from the two Senators from South Dakota:

Rehnquist served two decades with distinction on the court, said Sen. Tim Johnson, D-S.D.

"As we move forward with hearings to replace the chief justice and Justice Sandra Day O’Connor, I hope the process moves with balance. We can all agree that the Supreme Court needs and deserves a respected jurist or scholar who falls within the broad mainstream of American jurisprudential thinking," Johnson said.

Sen. John Thune, R-S.D., says Rehnquist’s service on the Supreme Court was marked by integrity and fairness.

"He was a strong and steady leader on the court and will be remembered as one of the most influential chief justices in our history," Thune said. "As a justice, he made his decisions based on the Constitution and laws as they are written, rather than his own personal views."

As with Roberts, who has been nominated to replace O’Connor, Thune says he expects the Senate to give the president’s nominee to replace Chief Justice Rehnquist a rigorous and fair hearing followed by an up-or-down confirmation vote.

Given that Rehnquist wrote the dissent to Rove v Wade decision, I think the abortion issue should be used to analyze Senator Johnson’s statement that "the Supreme Court needs and deserves a respected jurist or scholar who falls within the broad mainstream of American jurisprudential thinking". And for the broad mainstream of South Dakota, the issue of abortion would mean that Rehnquist's replacement should fall in line with his legal position that Roe v Wade was a wrong decision. That the people of South Dakota should have the right to pass laws that provide the constitutional principles of equal protection to the right to life for the unborn. We should not be afraid to pass such laws because Planned Parenthood will use the Supreme Court to punish South Dakota financially. The South Daktoa MSM should confront Senator Johnson on this point. Is he willing to support a Supreme Court Justice who will allow South Dakota to determine the issue of abortion. Will State’s rights prevail?