The recent leak from the U.S. Supreme Court has left everyone in the type of confused limbo that creates a festering boil in our already cockamamie cultural morass.

Let’s go into two directions, first with the leak that broke all protocols, decorum, precedent and law. This shameless ploy was obviously a design by the left to create pressure on conservative justices that might be liable to waffle. It could well blow up in the left’s face. If the reaction to the leak from Chief Waffler John Roberts is any indication, it just might cement his position with the majority.

Whomever the leaker is, and a Beltway Insider told me personally that the scuttlebutt says it was from Sotomayor’s office, they are bound to become the adored icon of the left. If, by some chance or freak of cowardice, the first draft turns out to have been a flat tire and Roe survives for another untold number of years, the leaker will never want for a job in a leftist law firm.

Justice Samuel Alito

Secondly, let us deal with the still-hoped-for reversal. Years ago, I warned that expecting the Supreme Court to reverse Roe was dangerous. Here is what I wrote: Unless a hypothetical reversal by the court is worded humbly, as in “The court finds that it never had the constitutional authority to impose Roe in the first place,” we would still be suffering from and unwittingly accepting, the false paradigm that “the Constitution means whatever the Supreme Court says.” The court might then, at some future time, reverse the reversal.

Well, that “humble wording” is precisely what Justice Samuel Alito has done. It is not a deflected or parried thrust, a glancing blow or a missed target. It is a run-them-through from a medieval broadsword, a one-two knockout punch from a roundhouse and upper-cut, and an Alvin York bullet placed into the center of the bull’s eye.

The shopworn mantra that abortion is “a constitutionally protected right” is now seen by the court majority for what it is. Roe is a house of cards, a smoke-and-mirror illusion that has at last taken the slapstick pratfall that it so richly deserved since January 22, 1973. Inside the draft opinion are loads of quotes from leftists who actually like legalized abortion, but have said from day one that the reasoning was so unprofessional, so convoluted, so constitutionally absurd, that it could not stand.

So, what of Alaska? We have long been declared a “safe state for abortion in a post-Roe world” by Planned Parenthood.

Alaskans are still under the false paradigm that thinks, “The constitution is whatever the Alaska Supreme Court says it means.” Our legislators need to wake up, take a page from Alito, and realize that we don’t need a constitutional amendment. We need the will to use the powers that already exist.

Do not only blame the state judiciary. Blame a list of governors who think that they must obey court orders that dare to overthrow the constitutional limits, order that they can intercept by refusal to enforce. 

Also blame a succession of legislatures and allegedly prolife leadership that lacks the will to use the powers that they already possess to correct and control the judiciary. These powers are laid out in Alaska’s Constitution:

— Art. 4, Sec. 1: “The jurisdiction of the courts shall be prescribed by law.”

— Art. 1, Sec. 22. The Legislature shall define the parameters of privacy.

— Art. 9, Sec. 13. “No money may be withdrawn from the treasury except in accordance with appropriations made by law.”

— Art. 2, Sec. 20. The Legislature may impeach all civil officers of the state.

How often have we heard a lawmaker say, “Well, I don’t have a law degree, so I rely on the judiciary to tell me what the constitution means. After all, isn’t this how the system works?”

Yes. The fake system. The unconstitutional one.

Direct quote from a Governor: “It is going to take me a while to wrap my head around this.”

And from a key legislator: “Bob, I don’t doubt your word, but it is just not the way I learned it.”

Right. Not the way I did, either. I had to UN-learn it.

If you want to end abortion, do not wait for a “perfect storm” election. Do not nibble at the edges. Do not wait for an impossible constitutional amendment. Do not wait for a personhood bill or amendment.

Instead, prolife legislators and governors must look inward for the will power.

The views expressed here are those of the author.

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Ignorance and lack of willpower allow abortion to continue in Alaska

Bob Bird
Bob Bird ran for U.S. Senate in 1990 and 2008. He is a past president of Alaska Right to Life, a 47-year Alaska resident and a retired public school teacher. He has a passion for studying and teaching Alaska and U.S. constitutional history. He lives on the Kenai Peninsula and is currently a daily radio talk-show host for The Talk of the Kenai, on KSRM 920 AM from 3-5 pm and heard online


  • Ruth Ewig says:

    Well-spoken, Bob Bird. You speak Truth. We have the law but will those in power follow it? The progressives brought in the “living Constitution” to further confuse us. What about the word Treason. That is in the Original Constitution but is it applied? HIstorically, the Founding Fathers made an amazing document to protect us< but efforts to disregard the law put forth made a major advance under President Woodrow Wilson. The next president to disregard the Constitution was Franklin Delanor Roosevelt. Without applying the Constitution as the law of the land, law professors, lawyers and justices have decided to use case law. That is not the same as following the Original documents. The test will be whether we get back on track or continue to function as a lawless state. Keep praying for an awakening and that good and godly people get elected to office. Pray for honest elections. Pray for a revival of humility and a turning back to what works under God..

  • Reggie Taylor says:

    “…….Our legislators need to wake up, take a page from Alito, and realize that we don’t need a constitutional amendment. We need the will to use the powers that already exist……..”
    Sorry, Bob, but that right there is hilarious! There are precious few Alaskan legislators with the courage of Justice Alito. In fact, I know of only one, and you’d obviously need more votes than that.

  • Steve C says:

    The Supreme Court and Roe v Wade are irrelevant. Abortion will stop when capitol punishment for murder is enforced.