Warren Burger as Exhibit "A"? Really??

Many years ago, when I first started working as the South Carolina State Director for the Convention of States Project effort, I debated with the SC Field Representative for the John Birch Society on the merits of an Article V Convention of States and the COS Project. One of the pieces of "evidence" used by the JBS to argue against an Article V COS is a letter written in 1988 by former United States Supreme Court Justice Warren Burger. In the debate, each of us had 20 minutes to present our side. When the JBS rep had his turn I was astounded that he chose to use this letter as part of his argument. You see, Chief Justice Warren Burger was the Chief Justice that presided over the Roe v Wade Supreme Court decision that struck down every law in the nation that protected unborn children. This is the decision that our federal government handed down that has sanctioned the butchering of 60 million unborn children to date. Burger was one of the chief architects of the decision where our government made war against the unborn lawful in our nation. Our federal judiciary, with Chief Justice Warren Burger at the helm sanctioned a holocaust on unborn children. It would be one thing if the JBS field rep didn’t know this…that would be bad enough, but friends….we have been beating them up about this since they began to use it in their opposition to us over 6 months ago. The JBS touts itself as THE protector of the Constitution.

During one of the questions that we fielded after our 20 minute statements, I turned to the audience and asked if anyone could tell me what the most egregious court decision has been in the history of our nation. Almost unanimously they responded with “Roe v Wade”. I then asked them if they knew who wrote and approved of that decision...they didn't...so I informed them that Warren Burger was the Chief Justice that was part of the majority decision that found the right for women to chop up their unborn children in what the court called the “penumbras” or shadows of the Constitution. It was the most radical departure from Originalism in the history of the Supreme Court. So the John Birch Society holds up Warren Burger, one of the most radical, left wing SCOTUS Justices in our nation’s history that twisted and perverted the Constitution in order to arrive at the most abominable decision a court could make under our Constitution. A Constitution designed to protect and implement the principles of Life, Liberty, and Pursuit of Happiness found in the Declaration of Independence. You could have heard a pin drop, when I dropped that bomb.

Now, it would be one thing if my JBS debate “opponent” had just heard this information for the first time, but he knows it….he has heard us explain this before. One has to wonder why the JBS (an organization that claims to be devoted to protecting the original intent of the Constitution) would continue to use one of the most activist, liberal, far left, statist Justices (who continually showed his contempt for the Rule of Law and Originalism in his decisions) to make their point. Thinking people would ask why a Judge, whose normal mode of operation was to subvert the Rule of Law and pervert the Constitution...thinking people would ask why would he NOT oppose the use of Article V by the states since it's very use would potentially strip him of his power to pervert our Rule of Law?

Someone needs to ask the John Birch Society, all those that support them, and this particular JBS representative, why they continue to hold up this pathetic, radical, leftist Chief Justice that gave us the most abominable decision in our nation’s history as their poster child.