Amicus Curiae Brief — Thornburgh v. American College of Obstetricians and Gynecologists

Supreme Court brief1986

Ask Donna

What actually matters in this document.

Text

oa

*

No. 84-495

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM 1984

RICHARD THORNBURGH

Ve

AMERICAN COLLEGE OF OBSTETRICIANS AND

GYNECOLOGISTS, PENNSYLVANIA SECTION

ON APPEAL FROM THE UNITED STATES COURT OF

APPEALS FOR THE THIRD CIRCUIT

MOTION FOR LEAVE TO FILE BRIEF AMICUS

CURIAE, WITH BRIEF AMICUS CURIAE, BY THE

LEGAL DEFENSE FUND FOR UNBORN CHILDREN

ALAN ERNEST

P.O. BOX 2471

WASHINGTON, D.C. 20013

(703) 435-1460

Counsel

BEST AVAILABLE COPY

MOTION FOR LEAVE TO FILE BRIEF AMICUS

CURIAE BY THE LEGAL DEFENSE FUND FOR

UNBORN CHILDREN

The Court is moved for leave to file the

atteched brief amicus curiae by The Legal

Defense Fund for Unborn Children.

The amicus brief is not in support of

either party. The purpose of the amicus

brief is to defend the constitutional right

to life of the unborn, which the parties

have not done.

The amicus demonstrates that Boe v. Wade,

410 U.S. 113 (1973) is a mistake of law.

Although amicus addresses no arguments to

the issues raised by the parties, the facts

and authorities presented by the amicus

disposes of all the issues raised by the

parties.

Alan Ernest

Counsel

CONTENTS

Interest of Amicus cur 1a 11

Summary of ArguMent...ccccccccsccccesessesl

Arqu nenn 3

1.

ROE V. WADE IS VOID, BECAUSE THE

SUPREME COURT HITLER-LIKE DECREED

KILLINGS TO BE “LIBERTY” WHICH HAD

BEEN DEMOCRATICALLY DEFINED TO BE

“MURDER.” THE DECREE THAT “MASS MURDER

IS LIBERTY" IS THE ULTIMATE LAWLESS

e ..

11.

ROE V. WADE IS VOID BECAUSE THE COURT

USED FALSE EVIDENCE, AND UNCONSTITU-

TIONAL BURDENS OF PROOF, TO INFER THAT

"THE WORD PERSON, AS USED IN THE

POURTEENTH AMENDMENT, DOES NOT INCLUDE

THE UNBORN.” THE UNIVERSAL WORDS “ANY

PERSON," AS USED IN THE CONSTITUTION,

DO INCLUDE THE UNBORN... .. A 1138

111.

ROE V. WADE IS VOID BECAUSE THE

SUPREME COURT USED UNCONSTITUTIONAL

AND CRIMINAL PROCEDURES TO EFFECT AND

MAINTAIN THE ROE v. WADE KILLINGS...38

IV.

DUE PROCESS OF LAW HAS COMPELLED THE

U.S. SUPREME COURT TO CONFESS IN COURT

THAT IT IS GUILTY OF CRIMINAL

EXTERMINATION, INCLUDING MASS MURDER,

AND TO ADMIT THAT ROE v. WADE, 410

U.S. 113 (1973), IS UNCONSTITUTIONAL

AND ee eee ee ee eee eee ee eee eee eee

reer eeee eee eee eee eee es

-i-

TABLE OF AUTHORITIES

Cases:

Baxter v. Palmigiano, 425 U.S. 308.......46

Clarke v. State, 117 Ala. 1 6

Cohen v. Virginia, 6 Wheat. 264. 20

Dartmouth College v. Woodward,

4 Wheat. 310... . 6 6 06 % „ 20,21, 30

Dred Scott v. Sanford, 19 How. 393... 16

Goldberg Vv. Kelly, 397 U.S. EE |

Gulf, Colo. and 8. Fe Mv. Ellis,

165 U.S. Be 60800060060600 60000006 c00000N4"8

Hamilton v. United States,

26 App. D.C. eee eee elle

Imbler v. Pachtman, 424 U.S. 409. 36,42

In Re Gault, 387 U.S. lesesccccseceseseee4l

Marbury v. Madison, 1 Cranch 137.........48

Mills v. Comm, 13 Pa. 611. gz 22

Passenger Cases, 7 HOW. 282. 48

Regina v. West, 20 & K 78664 ꝑ 3,4,

Ross v. Oregon, 227 U.S. 150. 10, 32

Santa Clara v. So. Pac. RR,

118 U.S. ee eee ee eee

Screws Ve United I

State v. Reed, 45 Ark. 333 „2

State v. Slagle, 83 N.C. 544444kk . 22

-ii-+-

Sturges v. Crowninshield,

4 Wheat. „eee eee eee ee ee ee ee eee nenne

United States v. Altstoetter, 3 Trials of

War Criminals Before the Nuremberg

Military Tribuanls (195117 17, 43, 33

United States v. Hale,

422 U.S. DED ssc cee Be oheeedseocoses cone ne

Yick Wo v. Hopkins, 118 U.S. 356 19,34

Texts:

Archbold, Complete Treatise on Criminal

Procedure, Pleading and Evidence (1860)...6

R. Berger, Government by Judiciary: The

Transformation of the Fourteenth

Amendment (197 44

J.P. Bishop, Commentaries on the Criminal

Law (4th ed. 1663) 607

W. Blackstone, Conment ar ies 3

E. Coke, iir ..

Collected Works of Abraham Lincoln

(Basler ed. 1933j)j . 11,16

T. Denman, M. D., Introduction to the

Practice of Midwifery (180) 25

Hawkins, Pleas of the Croon 3

H. Hodge, M.D., Principles and Practice

of Obstetrics (1660ʒů 2 23

O. . Holmes, The Common Law (19633) 132

Model Penal G0. .. e eee eee eee ee ee ee 0

McCormick, The Law of Evidence (1972). 46

-iii-

G. Orwell, 1984 MTYTTTTITITITITITITITITT TT |.

R. Perkins, Criminal Law

(2d ed. 1969) 3 I0, 52, 53

Plato (Jowett transl. 194). 46

P. Ramsbotham, M. D., Principles and

Practice of Obstetric Medicine (1856)....26

. O. Russell, Treatise on Crimes and

Misdemeanors (4th ed. 1865) 9000000000000 00

A. Speer, Inside the Third Reich (1970). . 48

A. Taylor, Manual of Medical Jurisprudence

(Penrose Am. ed. 6th ed. 1866 (4, 7

A. Velpeau, M.D., Complete Treatise on

Midwifery (4th Am. ed. 18544)ĩ 25

FP. Wharton, Treatise on the Criminal

Law of the United States (187) 28

F. Wharton, Treatise on the Law of Homicide

in the United States (1655) 67

F. Wharton, Criminal Law and Procedure

(12th ed. 1957). . . 6 0 %% %% ell

Wigmore, Evidence (Chadborn Rev. 1972) . 46

U.S. Constitution and Statutes:

Fourteenth Amendment- "Any Person"....18-37

Pifth Amendment- "Any Person"......+++18-37

Fifth Amendment- Due Process 38-44

18 U. 8. c. § 2(222ãũ 3637,42

-iv-

IN THE SUPREME COURT OF THE UNITED STATES

October Term 1984

RICHARD THORNBURGH

V.

AMERICAN COLLEGE OF OBSTETRICIANS AND

GYNECOLOGISTS, PENNSYLVANIA SECTION

AMICUS CURIAE BRIEF BY THE LEGAL DEFENSE

FUND FOR UNBORN CHILDREN

INTEREST OF AMICUS CURIAE

The interest of the Legal Defense Fund

Por Unborn Children is to defend the right

to life of unborn children under the U.S.

Constitution. The parties have not done

this. This brief does not support either

party.

SUMMARY OF ARGUMENT

Boe v. Wade, 410 U.S. 113 (1973), is

void. It is no law at all.

In Boe v. Wade, the Court decreed: “MASS

MURDER IS LIBERTY." This is the ultimate

lawless act. In his novel, "1984," Orwell

described how a tyranny defrauded its

subjects into obedience with the

"doublethink" slogan, “FREEDOM IS SLAVERY."

Although this science fiction may appear

improbable, the Supreme Court has defrauded

this nation into obedience with the

ultimate fraud, "MASS MURDER IS LIBERTY."

And due process of law has compelled the

U.S. Supreme Court to admit in court that

Boe v. Wade is void. This is the legal

equivalent of the express overruling of Boe

v. Wade by the Supreme Court.

Moreover, the universal words “any

person,” as used in the Fifth and

Pourteenth Amendments to the U.S.

Constitution, do include the unborn.

Boe v. Wade must be expressly overruled,

so this national scheme of criminal

extermination in violation of the U.S.

Constitution can be stopped. This disposes

of all the issues raised by the parties.

K—dũ2ũ4ẽ——ßß .

ARGUMENT

I.

ROE v. WADE IS VOID, BECAUSE THE SUPREME

COURT HITLER-LIKE DECREED KILLINGS TO BE

"LIBERTY* WHICH HAD BEEN DEMOCRATICALLY

DEFINED TO BE “MURDER.” THE DECREE THAT

"MASS MURDER IS LIBERTY" IS THE ULTIMATE

LAWLESS JUDICIAL ACT.

In Roe v. Wade, the Supreme Court decreed

killings to be “liberty” which had been

democratically defined to be “murder” since

long before adoption of the Pourteenth

Amendment.”

men the Pourteenth Amendment was

adopted, an abortion was murder if the

child was “born alive." And a child could

de "born alive“ long before viability.

A. The English Common Law

The English common law, as stated in the

works of Coke, (3 Inst. 50), Hawkins,

(1 Hawkins Ch. 13, s. 16) and Blackstone,

(4 Bl. Com. 198) defined an abortion, in

which a quick“ child died after being

"born alive," to be “murder.”

Thus, under the common law, an abortion

of an unviable child, a child too immature

to survive outside the womb, who died after

being born alive, was “so horrible an

of tense“ and “this is murder." 3 Inst. 50.

v. West, 2 C & K 784 (1848) followed

Coke, Hawkins, and Blackstone, and ruled

that an abortion was murder if the child

i

In 1857, the American Medical Association

began a two year study of all the abortion

laws in the United States. The 1859 report

stated the law of murder throughout the

United States, as follows:

"If a person, intending to procure

abortion, does an act which causes the

child to be born earlier than its

natural time, and therefore in a state

much less capable of living, and it

afterwards die in consequence of such

premature exposure, the pocese who by

this misconduct brings t child into

the world, and puts it in a situation

in which it cannot live, is guilty of

murder.” Reported in A.S. Taylor,

infra page 7, at 462. ‘emphasis added)

was born alive, even though the child died

because it was too immature to survive

outside the womb.

The indictment for murder alleged that the

defendant had inserted a “certain pin

upward into the womb" of a pregnant woman

for the purpose of producing the abortion

of a quick“ child; and that this resulted

in the child being 1 * born and

brought forth alive from and out of the

womb." wire) v. Heat, 2 C & K at 784-85.

The child died shortly afterward. A

"medical witness” had testified:

It was a healthy child; but that, being

born at that period of gestation, it was

impossible that it ould live any

a Ee es

Yet, in 1973, this is the very killing

which the U.S. Supreme Court decreed to be

"liberty." See photo, infra A-1.

In the plainest terms, the U.S. Supreme

Court decreed: "MASS MURDER IS LIBERTY.*

considerable length of time separated from

the womb of the mother. It was incapable of

maintaining a separate and independent

existence." Beginag v. West, 2 C & K at 786.

The judge, relying on Coke and Blackstone,

instructed the jury that if the child were

"born alive," the abortion was murder,

even though the child were not viable:

"The prisoner is charged with murder; and

the means stated are, that the prisoner

caused the premature delivery of the

witness Hensen, bY using some instrument

for the pu e of procuring abortion; and

that the child so prematurely born was, in

cons nee of its premature birth, so weak

that it died.... I am of opinion (and I

direct in point of law), that if a

person intending to procure abortion does

an act which causes the child to be born so

much earlier than the natural time, that it

is born in a state much less capable of

living, and afterwards dies in consequence

of its exposure to the external world, the

person who by her misconduct so brings the

child into the world, and puts it thereby

in a situation in which it cannot live, is

8 of murder." Regina v. Weat, 2c é& K

at 768.

The case of da v. Hest, supra, was

Many people would be astonished to learn

that this case for the unborn is the very

case they would have to present for

themselves if their own right to life were

challenged in a federal court.

cited by the leading English writers as the

correct statement of the law of murder.

See, 1 J. . Archbold, A Complete Treatise

on Criminal Procedure, Pleading and

Evidence 783 (Waterman Am. ed. 7th ed.

1860); 1W.O. Russell, A Treatise on Crimes

and Misdemeanors 671-672 (4th ed. 1865);

A.S. Taylor, A Manual of Medical

Jurisprudence 516 (Penrose Am. ed. 6th ed.

1866). An abortion which resulted in an

unviable child being born alive was murder.

B. THE AMERICAN. LAW OF MURDER IN 1868

The common law is the dictionary for the

state and federal homicide statutes;

American courts used it to construe the

meaning of their murder statutes. Hamiiton

Clarke v. State, 117 Ala. 1 (1898). 7

By the time the Fourteenth Amendment was

adopted in 1868, the leading American legal

authorities had specifically cited Begina

v. Hest, supra, as the correct statement of

the law of murder.

As Wharton explained the law, A Treatise on

For example, take almost any group of

persons, such as the insane, or invalids,

or Jews. Suppose it were claimed in

federal court that it is “liberty” to

deliberately kill members of these groups,

as well as the unborn.

What factual, non-argumentative evidence

the Law of Homicide in the United States 93

(1855):

"If a person intending to procure abortion,

does an act which causes a child to be born

so much earlier than the natural time, that

it is born in a state much less capable of

living, and afterwards dies, in consequence

of its exposure to the external world, the

person who by this misconduct, so brings

the child into the world, and puts it

thereby in a situation in which it cannot

live, is guilty of murder.”

American authorities agreed that this was

the correct statement of the law of murder.

2 J.P. Bishop, Commentaries on the Criminal

Law 365 (4th ed. 1868); A.S. Taylor, Manual

of Medical Jurisprudence 462, 517 (Penrose

Am. ed. 6th ed. 1866). This was the

uncontradicted view in the United States

when the Fourteenth Amendment was adopted.

C. THE LAW OP MURDER AND THE MEANING OP

THE FOURTEENTH AMENDMENT

If the ple who framed and adopted the

Pourteenth Amendment had condemned the

taking of a crying infant from its mother's

7

1

could be found to establish their right to

life under the U.S. Constitution?

As the case for the unborn shows, it

would do no good to object that no one ever

heard of a “liberty” to deliberately kill

the insane, or invalids, or Jews - or to

object that such killings had thereto been

defined as criminal.

womb and leaving it to die, as murder, then

it is certain that they did not intend to

exclude the lives of these children from

the protection of the Fourteenth Amendment

so they could be deliberately killed with

impunity from criminal statutes.

If the ye who framed and adopted the

Amendment had condemned the deliberate

killing of Jews to be murder, it is certain

that they did not intend to exclude Jews

from the protection of the Constitution so

it would be liberty“ to deliberately kill

Jews with impunity from criminal statutes.

Changing the names of the victims does not

change the legal result.

But by seizing upon viability, the Supreme

Court decreed the same killing to be

"liberty" which the American people had

universally defined to be murder. It is a

naked decree without any investigation

whatever into the law of murder. In its

ignorance, the Court decreed: "Mass Murder

is Liberty."

Since the universal words “any person" in

- —

And the Fifth and Fourteenth Amendments

merely state that they protect the life of

"any person." So, as with the unborn, the

Amendments do not expressly refer to the

insane, or invalids, or Jews; and their

legislative histories do not appear to

specifically refer to the insane, or

invalids, or Jews.

the Pourteenth Amendment must include ali

rsons whose lives were protected by the

aw of murder when the Amendment was

adopted, the lives of these children were

specifically guaranteed by the Amendment.

And since personhood under the Constitution

does not just fade away with time, like

some magic disappearing ink, then the lives

of these children are still protected by

the fourteenth Amendment. Roe v. Wade is

void.

D. THE HYSTEROTOMY ABORTION

UNDER ROE vy. WADE

A common way to perform abortions under

Boe v. Wade is by hysterotomy.

Vv. Edelin, 359 N. E. 2d + (Mass. 1976). os

hysterotomy is essentially a caesarean, in

which a live but unviable child is taken

from the womb and left to die. HEARINGS ON

THE PROPOSED CONSTITUTIONAL AMENDMENTS ON

ABORTION, BEFORE THE SUBCOMMITTEE ON CIVIL

AND CONSTITUTIONAL RIGHTS OF THE COMMITTEE

ON THE JUDICIARY, HOUSE OF REPRESENTATIVES,

As with the unborn, the murder laws don't

expressly refer to the insane, or invalids,

or Jews; and their legislative histories,

to the extent they have any, do not appear

to specifically refer to these groups.

‘fhe principle in the Declaration of

— — — — H—— —— —— D rer rrr rer tr

94th Cong, 2d Sess., Ser. 46, Part 1, at

391 (1976).

As established by medical testimony at

these 1976 House abortion hearings, "With

few exceptions, babies aborted by this

method will all move, will all breathe, and

some will cry.... Almost all were born

alive." Id., at 397.

When the Fourteenth Amendment was adopted,

these hysterotomy abortions were murder.

E. ROE v.. WADE. AND. MISTAKE. OF. LAW

The constitutional provisions against ex

laws do not apply to judicial

decisions which are a mistake of law. Ross

v. Oregon, 227 U.S. 150, 161 (1913). And

mistake of law is no excuse for breaking

the law. R. Perkins, Criminal Law 920 (2d

ed 1969). The limited affirmative defense

vf reasonable reliance on an official

judicial opinion, thereafter determined to

be a mistake of law, does not apply to

homicide cases. Model Penal Code, Tentative

Draft #4, Comments Sec. 2.04, at 138.

Since Roe v. Wade is a mistake of law, mass

murder is being perpetrated in the United

10

—

Independence, that all people are "created"

equal, and endowed with an unalienable

right to life, having been sneered out of

court in Roe v. Wade, now provides no

assurance for anyone. The Court so

perverted the Declaration of Independence

as to amount to just this: "All men are

created equal, except those created to be

murdered for the convenience of others."

States under guise of law. The Roe v. Wade

hysterotomy killings, by definition under

the law of murder when the Fourteenth

Amendment was adopted, and thus also

constitutional law, violate the murder

statutes throughout the United States.

The Supreme Court decreed mass murder to be

liberty without any examination of the law

of murder; it was a naked decree. And as

Abraham Lincoln warned, "(I)t is an

established maxim in morals that he who

makes an assertion without knowing whether

it is true or false, is guilty of

falsehood; and the accidental truth of the

assertion, does not justify or excuse him.

1 The Collected Works of Abraham Lincoln

384 (Basler ed. 1953). Since Lincoln's day,

this "maxim in morals" has also been a

textbook definition of perjury. 3 Wharton's

Criminal Law and Procedure 673 (12th ed.

1957).

And year after year the U.S. Supreme Court

has deliberately adhered to its decree that

11

So, what factual, non-argumentative

evidence is there for the insane, or

invalids, or Jews to protect themselves

from a judicial decree that it is "liberty"

to deliberately kill them with impunity

from criminal statutes?

* 88 8 G — * — * ——

"Mass Murder is Liberty“ in the very teeth

of challenges that these children were

being murdered in violation of the

Constitution and laws of the United States,

and of the States. See amicus curiae brief

of The Legal Defense Fund for Unborn

Children, filed in Akron v. Akron Center

For. Reproductive Health, 462 U.S. 416

(1983).

This is deliberation and premeditation

unparalleled in the legal history of the

world. The Justices responsible for these

killing may be facing the death penalty in

very many states.

It may be that the judges responsible for

these murders did not believe that they

were breaking the law. But, as Justice

Oliver Wendell Holmes once wrote:

"Ignorance of the law is no excuse for

breaking it....It is no doubt true that

there are many cases in which the criminal

could not have known that he was breaking

the law, but ... the lawmaker has

determined to make men know and obey.” O.W.

Holmes, The Common Law 41 (Little Brown

paperback 1963).

Boe v. Wade is not going to protect one

12

The case for the unborn is the case for

many others; it is this same body of

factual evidence which many people must

ultimately rely upon to establish that

their right to life is protected by the

U.S. Constitution.

If the people who framed and adopted the

Pourteenth Amendment had condemned the

deliberate killing of Jews to be "murder,"

then it is certain that they did not intend

tc exclude the lives of Jews from the

single judge from the law of murder,

because it is a mistake of law. Mass murder

is not liberty. These children were

murdered in violation of the Constitution

and positive criminal statutes.

F. CONCLI'SION

Is government of laws founded upon

evidence, or the mere naked decrees of men

holding office for life?

Since the U.S. Constitution is "the supreme

law of the land,“ and the evidence proves

that the lives of these children are

protected by the U.S. Constitution, Roe v.

Wade is void.

13

protection of the U.S. Constitution so it

would be "liberty" to deliberately kill

Jews with impunity from criminal statutes.

And merely changing the names of the

victims would not change this conclusion.

Since the people who framed and adopted

the Fourteenth Amendment had condemned the

taking of a crying infant, whether viable

or not, from its mother's womb and leaving

it to die to be "murder," it is certain

that the framers did not intend the

Amendment to create a "liberty" to

deliberately kill these children with

impunity from criminal statutes. It is

certain that the lives of these children

are protected by the U.S. Constitution.

Since the right to life protected by the

Constitution does not just disappear with

time, as whitewash weathers off an aging

fence, it is certain that the lives of

these children are still protected by

14

— — — a - -

the U.S. Constitution. And since the

Constitution is the "supreme law of the

land," it is certain that Roe v. Wade is

void; it is not law.

The thousands of "born alive“ abortions

since 1973 can be prosecuted as murder.

If the Court had decreed it "liberty" to

deliberately kill Jews, it wouid rightly be

denounced as murder. Judges may have more

sympathy for other victims, but changing

the names of the victims from "Jew" to

"unborn" will not change the legal result.

In his novel "1984," Orwell described how

a tyranny defrauded its subjects into

obedience with the doublethink“ slogan

"FREEDOM IS SLAVERY." Although this science

fiction appears improbable, yet, the U.S.

Supreme Court has defrauded the American

people into obedience with the ultimate

falsehood: "MASS MURDES IS LIBERTY."

When judges decree that "MASS MURDER IS

LIBERTY," then it can not be pretended that

15

it is any longer the government of the

United States — or any government of

constitution and laws.

Abraham Lincoln ridiculed the Dred Scott

decision by reducing it to its plainest

terms: "That if any one man, choose to

enslave another, no third man shall be

allowed to object."2 In Boe v. Wade, the

Court invented an even more astonishing

falsehood, "That If any one man, choose to

murder another, no third man shall be

allowed to object."

The U.S. Supreme Court has Hitler-like

asserted to legalize mass murder. By

2. 2 Collected Works of Abraham Lincoln

462 (Basler ed. 1953). In Dred. Scott v.

Sanford, 60 U.S. (19 How.) 393, 451 (1857),

the U.S. Supreme Court held that the word

"person," as used in the Constitution, did

not include Negroes. While the Court did

not assert a liberty“ to deliberately kill

Negroes, the Court did rule that "the right

to property in a slave is distinctly and

expressly affirmed in the Constitution,"

and Congress could not prohibit slavery in

the federal territories.

16

—̃ ͤ— —ELX

changing the names of the victims, the

Court has duplicated the conduct of "the

supreme judge“ of Nazi Germany.°

The evidence shows that the U.S. Suprene

Court is committing mass murder under the

guise of law; the dagger of the assassin

has been concealed beneath the robe of the

jurist. Roe v. Wade is void.

3./ The Nuremberg court described how

Hitler was "the supreme judge" of Nazi

Germany. United States v. Altstoetter,

3 Trials of War Criminals Before the

Nuernberg Military Tribunals 1011 (1951).

This “supreme judge" decreed deliberate

killings to be legal which had been defined

as criminal. At Nuremberg, the Nazi judges

cldimed that they could not be held

accountable for complicity in extermination

and murder, since they had acted within the

authority of the decrees of "the supreme

judge.” United States v. Altstoetter,

supra, 983-85. But the Nuremberg Court

held, "The dagger of the assassin was

concealed beneath the robe of the jurist."

United States v. Altstoetter, supra, 985.

By changing the name of the victims from

"Jew" to "unborn," the Supreme Court has

duplicated the decree of "the supreme

judge" of Nazi Germany. But changing the

name of the victims will not change the

legal result. Roe v. Wade is murder.

17

eo 4

—ͤ—ũ—ä— ́ . — — 2 — — —ñmꝛ— —ä—6ñ466 ò ͤẽ7.el§ -- ——————ßÄ—v — ——B —6 ——U— ̃ᷓ ᷣͥ ꝗQv—

II.

ROE v. WADE IS VOID BECAUSE THE COURT USED

F.\LSE EVIDENCE, AND UNCONSTITUTIONAL

BURDENS OF PROOF, TO INFER THAT "THE WORD

PERSON, AS USED IN THE FOURTEENTH

AMENDMENT, DOES NOT INCLUDE THE UNBORN."

THE UNIVERSAL WORDS "ANY PERSON," AS USED

IN THE CONSTITUTION, DO INCLUDE THE UNBORN,

The Court used fabricated evidence in Roe

v. Wade, and unconstitutional burdens of

proof and persuasion, to infer "that the

word person, as used in the Fourteenth

Amendment, does not include the unborn."

The evidence proves that the universal

words “any person,“ as used in the

Amendment, do include the unborn.

A.

The Court admitted that if the unborn

were "a person, within the language and

meaning of the Fourteenth Amendment," then

the case for a liberty“ to kill the

unborn, as claimed in Roe v. Wade, of

course, collapses, for the fetus right to

life would then be guaranteed specifically

by the Amendment." Roe v.Wade, 410 U.S. at

156-157.

18

B.

The terms of the Fourteenth Amendment

("nor shall any state deprive any person of

life ... without due process of law")

(emphasis added) are “universal in their

application, to all persons ... without

regard to any differences." Yick Wo v.

Hopkins, 118 U.S. 356, 369 (1886). The

universal words "any person“ make no

distinction between born and unborn

persons, and on their face admit of no

exceptions whatever. Thus, on their face,

the universal words "any person" include

the unborn, as everyone else.

C.

The holdings of Chief Justice John Marshall

prove that the Supreme Court has no lawful

power to construe an exception to universal

terms, such as "any person," unless:

1. the Court can show that “the absurdity

and injustice of applying the provision to

the case, would be so monstrous, that all

19

an

mankind would, without hesitation, unite in

rejecting the application“; 1 and

2. the Court can prove that had this

particular case been suggested [to the

framers], the language would have been so

varied, as to exclude it, or it would have

been made a special exception."2

Chief Justice Marshall founded

the universality of the Supreme Court's

_ jurisdiction on these very rules.3

1. Sturges v. Crowninshield, 4 Wheat.

122, 203 (1819). Before the Court can

exclude the unborn from the universal words

"any person," so they can be deliberately

killed with impunity from criminal

statutes, the Court must prove that

including the unborn, within the universal

terms any person“ would be "so monstrous,

that all mankind would, without hesitation,

unite in rejecting the application."

2./ Dartmouth College v. Woodward,

4 Wheat. 518, 644 (1819). The Court had to

prove that if the case of the unborn had

been suggested to the Framers, they would

have changed the Amendment to read: "Nor

shall any state deprive any person, except

unborn. persons, of life ... without due

process of law."

L Coben v. Virginia, 6 Wheat. 264, 378-

380, 422-423 (1821).

20

The Court bore an extraordinary burden

before it could imply an exception to the

universal terms "any person“ so millions of

persons could be deliberately killed with

impunity from criminal statutes.-

4,./ The truth of this extraordinary burden

can be demonstrated by applying it to

various cases. Before the Court can imply

an exception to the universal terms "any

person," so that Jews could be deliberately

killed with impunity from criminal laws,

the Court would have to prove that "the

absurdity and injustice” of including Jews

within the universal terms "any person"

would be "so monstrous, that all mankind

would, without hesitation, unite in

rejecting the application." Sturges v.

„ Supra. And the Court must

prove that if the case of the Jews had been

suggested to the framers of the Fourteenth

Amendment, "the language would have been so

varied, as to exclude it." Dartmouth

v. Woodward, supra. The framers

would have changed the Amendment to read:

"No state shall deprive any person, except

Jews, of life without due process of law."

These same burdens must apply to anyone

whose personhood may be challenged,

including the unborn. Thus, the Court bore

the heaviest burden in constitutional

interpretation in order to imply an

exception to the universal terms "any

person" so that millions of unborn children

could be deliberately killed with impunity

from positive criminal statutes.

21

D.

The Supreme Court fabricated false evidence

in Boe v. Wade to imply that "the word

person, as used in the Fourteenth

Amendment, does not include the unborn."5

~

5./ SUMMARY. OF. FALSE. EVIDENCE

When the Fourteenth Amendment was adopted

in 1868, over three-fourths of the

ratifying states had already enacted

criminal statutes which made abortion at

any stage of gestation a crime unless it

were necessary to save the life of the

mother or child. Within a few years, these

_ Statutes were universal.

In those few states still controlled by the

common law on abortion, it is not possible

to state with any assurance that the law

was any different than in those states with

abortion statutes. Some state supreme

courts had ruled that the common law made

abortion a crime throughout gestation.

Mills v. Comm, 13 Pa. 631 (1850); State v.

Aan 83 N. C. 544 (1880); State v. Reed,

45 Ark. 333 (1885). And those state

supreme courts which ruled that abortion

prior to quickening was not a common law

crime were immediately overruled by their

legislatures which made abortion at any

stage of pregnancy a crime. Comm. v.

Parker, 50 Mass. 263 (1845), was

immediately overruled by Mass. Acts &

Resolves ch. 27 (1845). State v. Cooper, 22

N.J.L. 52 (1849), was immediately overruled

by N.J. Laws at 266 (1849). Abrahams v.

Foshee, 3 Iowa 274 (1856) was overruled by

the next legislature, Iowa Rev. Laws, tit.

XXIII, ch. 165. art. 2, sec. 4221 (1860).

{continued on next page]

22

The people who framed and adopted the

Fourteenth Amendment had already

democratically defined the deliberate

killing of the unborn to be a crime. The

Supreme Court knew it could not imply an

exception to the universal terms "any

person" to decree "MASS EXTERMINATION,

DEMOCRATICALLY DEFINED TO BE CRIMINAL, IS

LIBERTY." So the Supreme Court fabricated

evidence to make it appear that those 19th

century abortion statutes were not intended

Any theory of a liberty“ to deliberately

kill the unborn faced an impossible

contradiction: How was it possible that

the people who adopted the Fourteenth

Amendment had enacted criminal statutes to

protect the lives of the unborn, but at the

same time, without a single word of

explanation, intended to imply an exception

to the universal terms “any person" so

there would be a liberty“ to deliberately

kill the unborn with impunity from their

criminal statutes? This absurd contra-

diction wrecks Roe v. Wade.

To resolve this fatal contradiction, the

Court fabricated the hypothesis that when

the criminal abortion statutes were first

enacted, the laws were not intended to

protect the unborn life, but were only

23

to protect the lives of the unborn. The

purpose of the falsification was to make it

appear that this nation had always deemed

abortion to be “liberty,” and not crime.

The Supreme Court perpetrated the Orwellian

crime of falsifying the legal history of

the United States to make criminal

extermination appear to be "liberty."

If the Court had decreed it liberty“ to

deliberately kill Jews, and fabricated

evidence to make it appear that the

American people had always deemed it

intended to protect the mother. This

hypothesis was falsely fabricated and used

as follows:

A.

The Supreme Court first asserted, "When

most criminal abortion laws were first

enacted, the procedure was a hazardous one

for the woman." Boe v. Wade, 410 U.S. at

148. This is asserted as fact.

The only authority cited by the Supreme

Court to prove this assertion of fact was a

20th century medical history book,

Haagensen and Lloyd, A Hundred Years of

Medicine 19 (1943), cited in Roe v. Wade,

Supra, at 148 n. 43. But, this book merely

described the hazards of major surgery in

general prior to Lister's discovery of

antiseptics. The book did not even mention

24

liberty, and not crime, to kill Jews, then

it would rightly be condemned as murder.

Judges might have greater sympathy for

other victims, but changing the name of the

victims from "Jew" to "unborn" will not

change the legal result.

the abortion operation.

The 19th Century obstetric authorities

throughout the Western world prove the

Court's assertion of fact to be false.

These 19th century obstetric authorities,

based on their own experience in performing

abortion, and from hundreds of cases

reported from around the world, declared in

their obstetric textbooks that the abortion

operation, the operation of artificially

evacuating the fetus from the womb, was

"perfectly safe" to the mother, 2 T.

Denman, M.D., An Introduction to the

Practice of Midwifery 96 (1802) (English

physician); or “experience has proved that

the dangers of the operation are reduced to

@ small matter," A.L.M. Velpeau, M.D., A

Complete Treatise on Midwifery 530 (4th

American ed. 1852); or "to the mother there

is very little danger." H.L. Hodge, M.D.,

The Principles and Practice of Obstetrics

293 (1864) (American physician). The 19th

century obstetric authorities prove the

— Court's assertion of fact to be

alse.

The Supreme Court never revealed the

"hazardous" abortion "procedure" to which

it was referring. Actually, the 19th

25

The lives of the unborn must be protected

by the Fourteenth Amendment. The framers

used the universal terms “any person,"

without any exceptions. And no exception

may be implied. The people had already

enacted criminal statutes to protect the

century physicians generally used the

ancient method: “the membranes of the ovum

are punctured,” which permitted “the

discharge of the vaters, which induced the

"action of the uterus" to "come on,” which

resulted in the expulsion of the fetus from

the womb. 2 Denman, supra, at 99. One 19th

century physician traced this operation

bac’: almost 2000 years. F. Ramsbotham,

M. P., The Principles and Practice of

Obstetric Medicine 724 (4th ed. 1856).

Consequently, the 19th century physicians

were generally using an ancient abortion

procedure which they described as not

hazardous to the life of the woman.

The Supreme Court did not examine even one

Single 19th cent ty obstetric textbook. And

the medical textbooks prove its assertion

of fact, "Wien most criminal abortion laws

were first enacted, the procedure was a

hazardous one for the woman," to be false.

Since abortion was not dangerous to the

life of the mother, the only motivating

purpose the abortion statutes could have

had was to protect the lives of the unborn

from destruction by abortion, even safe

abortions by physicians. Had it been the

purpose of the legislators to only protect

lives of the unborn. No court can imply an

exception to the universal terms "any

person“ to decree: "MASS EXTERMINATION,

DEMOCRATICALLY DEFINED TO BE CRIMINAL, IS

LIBERTY." So the universal words "any

person,” as used in the Fourteenth

Amendment, do include the unborn.

the mother, they would have only required

abortions to be performed by physicians,

which were known all over the western world

to be safe to the mother.

B.

The Supreme Court next asserted: "Abortion

mortality was high.” Boe v. Wade, 410 U.S.

at 149. This is asserted as fact.

The Supreme Court asserted "Abortion

mortality was high" without any authority

to support it. It is a naked assertion. The

19th century obstetric authorities prove

this assertion of fact to be false. The

medical authorities expressly asserted that

the abortion operation was not hazardous to

the life of the mother.

The purpose of this assertion is to go

beyond the mere theory that abortion was

hazardous to the mother, and imply that the

carnage was so great as to call for

legislation to protect mothers from the

medical profession.

But the obstetric texts prove the Court's

assertion, “Abortion mortality was high,"

27

E.

Not only are indispensable parts of the

Supreme Court's evidence fabricated and

false, but the Court also unconstitu-

tionally reversed the burdens of proof and

persuasion, as set out in the rulings of

Chief Justice John Marshall.

to be a false statement of fact.

Ce

Upon these two false assertion of fact, the

Court falsely infers that "a State's real

concern in enacting a criminal abortion law

was to protect the pregnant woman, that is,

to restrain her from submitting to a

procedure that placed her life in serious

jeopardy." Roe v. Wade, 410 U.S. at 149.

This is a false inference, drawn from false

assertions of fact.

Moreover, the 19th century treatises on

criminal law state that these criminal

abortion laws were intended to protect the

lives of the unborn. 2 F. Wharton, A

Treatise on the Criminal Law of the United

States 200-203 (7th ed. 1874). There is

none to the contrary. If the purpose of

these laws had been to protect the mother,

and not the child, these writers would

certainly have noted it.

Since abortions by physicians were known

all over the western world to be safe to

the mother, the motivating purpose of these

abortion laws could only have been to

protect the lives of unborn children from

28

Instead of placing the burden on the

advocates of the killings to prove that

including the unborn within the universal

terms “any person" would “be so monstrous,

that all mankind would, without hesitation,

unite in rejecting the application," the

Court unconstituticnally reversed the

burdens of proof and persuasion. The Court

destruction from abortions. That

legislatures prohibited safe abortions by

physicians, despite the great danger to the

mother from abortions by criminals, shows

“heir great respect for unborn life.

D.

From the false inference that the criminal

abortion laws were not intended to protect

the lives of the unborn, the Court falsely

inferred that, likewise, the framers of the

Fourteenth Amendment did not intend it to

protect the lives of the unborn, “that the

word ‘person,’ as used in the Fourteenth

Amendment, does not include the unborn."

Roe v. Wade, 410 U.S. at 158. This false

conclusion is drawn from a false inference

which is drawn from false facts.

The Supreme Court bore the burden of

— that the absurdity and injustice of

including the unborn within the universal

terms “any person“ would be "so monstrous,

that all mankind would, without hesitation,

unite in rejecting the application."

Sturges v. Crowninshield, supra. And the

29

placed the burden on the unborn to prove

with "assurance" (which means to make

certain and put beyond doubt) that they

were persons within -:he universal words

terms “any person, or the unborn would be

excluded from the terms “any person" so

they could be deliberately killed with

impunity from criminal statutes.

The Court reversed the burdens of proof

Court had to prove ut if the case of the

unborn had been presented to the framers

and adopters of the Fourteenth Amendment,

"the language would have been so varied, as

to exclude it." Dartmouth College v.

Woodward, supra.

But, the Court could not cite even one 19th

authority that expressly agreed with its

conclusion that “the word person, as used

in the Fourteenth Amendment, does not

include the unborn," much less one who

asserted that there was a liberty“ to

deliberately kill the unborn with impunity

from criminal statutes.

The legal history demonstrates that the

people did intend the Amendment to protect

the unborn: they used universal language

most appropriate for the purpose; and,

the people had already enacted criminal

abortion laws to protect the unborn in

fact. The universal words "any person,” as

used in the Fourteenth Amendment, must

include the unborn.

30

in the following manner:

First, the Court declared a “liberty” to

deliberately kill the unborn with impunity

6

from criminal statutes.

Second, subsequently, the Court looked to

see if the lives of the unborn were

„

protected by the Fourteenth Amendment.

Third, the purpose of first decreeing a

"liberty" to deliberately kill the unborn,

before the Court even looked to see if the

lives of the unborn were protected by the

Constitution, was to impose the “compelling

state interest" test on the unborn. This

placed a very heavy burden on the unborn

E. Boe v. Wade, 410 U.S. at 153.

L Boe v. Wade, 410 U.S. at 156-157. The

Court assumed the very thing which was to

be ete by evidence. By the Court's own

admission, if the lives of the unborn were

protected by the Fourteenth Amendment, then

the alleged "liberty" to kill the unborn

"of course, collapses.“ But, the Court

decreed a “liberty” to kill the unborn,

before it even looked to see if their lives

were protected by the Constitution. It is

analogous to a court finding an accused to

be guilty before it heard the evidence.

31

to prove that their right to life was

protected by the const i tut ion.

Fourth, the Court stated that the evidence

did not prove “with any assurance” that the

lives of the unborn were protected by the

U.S. Constitution. This confirms that the

Court placed the burden on the unborn to

prove with “assurance” that their lives are

protected by the Constitution.

Finally, the Court ruled that the unborn

had not met their burden of proof and the

unborn could be deliberately killed with

impunity from criminal statutes.

This process is analogous to a court

first adjudging the accused in a criminal

B./ Boe v. Wade, 410 U.S. at 156. As its

compelling state interest, Texas claimed

that the lives of the unborn were protected

by the Fourteenth Amendment, and that the

purpose of their abortion statute was to

protect the lives of the unborn. Thus, a

heavy burden of proof was placed on the

defenders of the abortion statute to prove

that the universal words any person,” as

used in the Fourteenth Amendment, do

include the unborn.

3,/ Boe Ve Wade, 410 U.S. at 157.

32

case to be guilty, before it even heard

the evidence, then placing the burden on

the accused to prove himself innocent

beyond a reasonable doubt, or be hanged.

The burdens used in Roe v. Wade are

unconstitutional, and savagely criminal.

If the Court first decreed a “liberty” to

kill Jews, and then placed the burden on

the Jews to prove with “assurance” that

their lives were protected by the U.S.

Constitution, it would rightly be condemned

as murder. Judges may have more sympathy

for other victims, but changing the name of

the victims being killed from "Jew" to

"unborn" will not change the legal result.

Rather, under the rulings of Chief

Justice Marshall, the burden was on the

Court to prove with “assurance” that the

unborn were not included within the

universal terms “any person,” or they would

be included.

The evidence for the unborn is far

33

stronger than for other groups which the

Court has judicially recognized to be

11

included within the terms "any person."

The U.S. Supreme Court has defied the

express words "any person” in the

12

Pourteenth Amendment, and their spirit,

lL./ The Court was so sure that

"corporations" were included within the

universal terms “any person" that it

forbade any oral argument to the contrary.

Santa Clara v. SQ. Pac. RR, 118 U.S. 394,

396 (1886). And the Court held that

"strangers and aliens" were included within

the terms "any person“ by merely observing:

"These provisions are universal in their

application." Yick Wo v. Hopkins, supra, at

369. No evidence whatever was required.

12./ The uncontradicted scientific medical

evidence in Roe v. Wade showed that the

unborn child is "alive." The heart begins

"pulsations at 24 days." And “brain waves

have been noted at 43 days.”

The Court has recognized that, while the

Declaration of Independence is not law in

itself, yet it is 'the thought and the

spirit, and it is always safe to read the

letter of the Constitution in the spirit of

the Declaration of Independence." Gulf.

Colo. 4 S. Fe Ry

v. Ellis, 165 U.S. 150,

159-160 (1896).

The undisputed scientific evidence proved

that the unborn child has been created“

and thus endowed with an "unalienable"

right to "life." Thus, the universal terms

34

and the plain intention of its framers and

de and condemned to death millions

of victims whom the Constitution of the

United States endeavors to preserve.

The evidence proves that the universal

‘words “any person,“ as used in the Pour-

teenth Amendment, do include the unborn,

And the universal words "any person," as

used in the Fifth Amendment, must also

"any person,” as used in the Amendment,

must also include the unborn. The right to

life of the unborn is guaranteed, not just

by the spirit of the Declaration of

Independence, but by the express words of

the U.S. Constitution.

Roe v. Wade corrupted the Declaration of

Independence to read: "All men are created

equal,- except those created to be killed

for the convenience of others."

13./ The people who adopted the Fourteenth

Amendment not only used the express and

universal terms (not "any person“ could be

deprived of life without due process of

law) without any distinction between born

or unborn life, but those people had

already enacted criminal abortion statutes

to protect the lives of the unborn in fact.

35

14

include the unborn.

And the unborn are also protected from

judicial extermination by 18 U.S.C. § 242.”

Since the U.S. Constitution is "the

supreme law of the land,“ and its universal

terms "any person," as used in the Fifth

— *— — ee U i

14./ As the Court reasoned in Bolling v.

Sharpe, 347 U.S. 497 (1954), if the

Fourteenth Amendment prohibits racially

segregated schools in the States, then it

would be “unthinkable” that the Fifth

Amendment permitted them in the District of

Columbia. By the same reasoning, since the

killings are prohibited in the states by

the Fourteenth Amendment, it is

"unthinkable" that the Fifth Amendment

could permit them in the District of

Columbia. Regardless of the evidence

relevant to the Fifth Amendment, the

purpose of a subsequent amendment is to

amend. Hunter v. Underwood, .. U. 8.

85 L Ed 2d 222, 231 (1985).

1. The history of 18 U.S.C. § 242 shows

that it was intended to protect all persons

whose lives were guarded by the Fourteenth

Amendment. Screws v. United States, 325

U.S. 91, 98 (1944). Since the universal

words “any person,” as used in the

Fourteenth Amendment, do include the

unborn, their lives are also protected by

18 U.S.C. § 242. “Even judges ... could be

punished criminally for willful

deprivations of constitutional rights on

the strength of 18 U.S.C. § 242." Imbler

V. Pachtman, 424 U.S. 409 (1976), 47 L Ed

2d 128, 142 (1976).

36

and Fourteenth Amendments, do indisputably

include the unborn, it is also indisputable

that Boe v. Wade is unconstitutional and

void. Boe v. Wade is no law at all.

And any judge who follows Boe v. Wade,

and permits the killings to continue, will

be guilty of complicity in a national

scheme of criminal extermination in

violation of the Constitution and laws of

16

the United States.

16./ Since 18 U.S.C. § 242 protects the

lives of the unborn from extermination by

federal judges, any judge who willfully

permits these Roe v. Wade killings to

continue can be prosecuted for complicity

in a national scheme of extermination, in

violation of the Constitution and laws of

the United States. And the death of each

unborn child can be punished with life

imprisonment. Since judges have willfully

exterminated millions of victims by Roe v.

Wade, judicial liability under this one

statute is unparalleled in the legal

history of the world.

37

111.

ROE V. WADE IS VOID BECAUSE THE SUPREME

COURT USED UNCONSTITUTIONAL AND CRIMINAL

PROCEDURES TO EFFECT AND MAINTAIN

THE ROE v. WADE KILLINGS.

The Supreme Court willfully used

unconstitutional procedures to effect the

Roe v. Wade killings.

1 The Court willfully used the following

unconstitutional procedures, despite

objection, to effect Boe v. Wade:

A. Denial of Assistance of Counsel

Counsel did not especially represent the

unborn in the District Court in Boe v.

Wade. And the Supreme Court denied a

request by an original party to allow

counsel to especially represent the unborn

in the Supreme Court. Thus, counsel did not

represent the unborn at any stage of the

original proceedings.

B. Denial of Prior Notice

The District Court did not even look to

see if the lives of the unborn were

protected by the U.S. Constitution; this

question was argued for the first time

after the case reached the Supreme Court.

And the Supreme Court gave the parties no

prior notice of the constitutional

standards, or the burdens of proof, or the

evidence, which the Court used to infer

that the lives of the unborn were not

protected by the Constitution. The first

time the parties had notice was when Roe v.

Wade was published, and the victims were

already condemned to death. An original

party objected that it lacked the prior

notice needed to defend the unborn.

[continued on next page]

38

And the Supreme Court subsequently

decided many abortion cases on the merits,

but, despite objection that the process was

unconstitutional and criminal, willfully

used unconstitutional procedures to

maintain the Boe v. Wade killings:

1. The Supreme Court willfully refuses to

allow retained (no cost to taxpayers)

C.

The Court used some secret evidentiary

process, not open to the parties, to find

evidence to infer that the lives of the

unborn were not protected by the U.S.

Constitution. An original party objected

that it had not had opportunity to cross-

examine the Court's evidence in a judicial

proceeding.

D. Denial of Right i —

An original party asked permission to

cross-examine the evidence which the Court

used to infer that the lives of the unborn

were not protected by the Constitution. But

the Supreme Court would not allow its

evidence to be cross-examined.

E.

An original party asked 1 to

present evidence under the new

constitutional standards which it had not

seen before to show that the lives of the

unborn are protected by the Constitution.

But the Court refused to allow it. And the

killings commenced.

39

counsel to represent the victims being

111107

2. The Supreme Court willfully refuses to

allow its evidence in Boe v. Wade, which it

used to infer that the lives of the unborn

are not protected by the U.S. Constitution,

2./ Some of the cases are: Colautti v.

Franklin, 439 U.S. 379, motion to allow

counsel to represent the unborn denied 437

U.S. 902; Anders v. Eloyd, 440 U.S. 445,

motion to allow counsel to represent the

unborn denied 439 U.S. 890; Bellotti v.

Baird, 443 U.S. 622, motion to allow

counsel to represent the unborn denied 439

U.S. 1065; v. Exeiman, affirmed

440 U.S. 941, motion to allow counsel to

represent the unborn denied, 440 U.S. 941;

V. Zboaraz, 448 U.S. 358,

motion to allow counsel to represent the

unborn denied 444 U.S. 1030; Harxsis v.

McRae, 448 U.S. 297, motion to allow

counsel to represent the unborn denied

445 U.S. 941; H. L. v. Matheson, 450 U.S.

398, motion to allow counsel to represent

the unborn denied 445 U.S. 959;

Vv. Virginia, aes ent Fee Ed 2d 755,

motion to allow counsel to represent the

unborn denied 73 L Ed 2d 1364; Planned

Parenthood of Kansas. City v. Ashcroft,

— U.S...» 76 L Ed 2d 733, motion to allow

counsel represent the unborn denied 73 L Ed

2d 1364; Akron Center. for. Reproductive

Health v. Akron, 462 U.S. 416, motion to

allow counsel to represent the unborn

denied 73 L Ed 2d 1364.

40

3

to be confronted and cross-examined;

3. The Supreme Court willfully refuses to

allow evidence to be presented on behalf of

the victims being killed to establish their

right to life under the U.S. Constitution. *

The Supreme Court's own rulings on due

process of law show these procedures to be

5

unconstitutional.

3./ See cases, supra note 2. The evidence

in Boe v. Wade, vsed to infer that the

lives of the unborn are not protected by

the Constitution, has never been cross-

examined, despite the charge that the Court

fabricated its evidence.

. See cases, supra note 2.

5./ Even in civil proceedings, where

crucial deprivations are threatened, such

as loss of welfare, due process guarantees

(1) prior notice of the factual and legal

bases; (2) the right to be represented by

counsel; (3) the right to confront and

cross-examine adverse evidence; (4) the

right to present evidence. Goldberg v.

Kelly, 397 U.S. 254, 268-271 (1970); Ia Re

Gault, 387 U.S. 1 (1967).

If the Constitution would not permit a

court to condemn even one single Jew to

death in a criminal case, but deny all

these procedural rights, then neither can

any court condemn any or all Jews in

the United States to death, but deny all

these procedural rights, by calling it a

41

Since the deprivation was willful, these

procedures are also criminal.°

These are essentially the same procedures

cited by the Nuremberg Court as part of the

evidence to convict the Nazi judges of

— aia aati — —

civil proceeding, and decreeing that the

lives of Jews are not protected by the U.S.

Constitution, and it is "liberty" to

deliberately kill Jews with impunity from

criminal statutes.

If the process used to effect and maintain

the Boe v. Wade killings, were used to

decree it liberty“ to kill Jews, it would

rightly be denounced as murder. But

changing the names of the victims being

killed, does not change the legal result.

Any victim is entitled to all the

procedural protections described in

Goldberg v. Kelly, supra, before any court

can decree that the victim's life is not

protected by the U.S. Constitution, and the

victim can be deliberately killed with

impunity from criminal statutes.

CL “Even judges ... could be punished

criminally for willful deprivations of

constitutional rights." Imbler v. Pachtman,

424 U.S. 409 (1976). The deprivation was

willful because the Court repeatedly denied

all these procedural rights in the teeth of

the objection that the denial was

unconstitutional and criminal. Thus the

deprivation of these procedural rights was

criminal.

42

complicity in extermination and murder.’

If the Supreme Court had used these

procedures to decree it "liberty" to

deliberately kill Jews, it would rightly be

cOndemned as murder. While judges may have

more sympathy for another category of

victims, changing the names of the victims

from "Jew" to "Unborn" will not change the

legal result.

Having decreed that "MASS MURDER IS

LIBERTY," the Court now maintains the

killings by criminally refusing to allow

truth to work in its Court.

It is notorious that truth is not

permitted to work in the proceedings in the

U.S. Supreme Court, and that the Court

2./ “In many instances they were denied the

right to introduce evidence, to be

confronted by witnesses against them, or to

present witnesses in their own behalf. They

were ... denied the right of counsel of

their own choice, and occasionally denied

the aid of any counsel... (T)he accused

learned only a few moments before the trial

of the nature of the alleged crime for

which he was to be tried.”

United States

v. Altstoetter, supra, at 1046-47 (1951).

43

falsifies history to achieve its ends.°

The Su rene Court has made a murderous

mockery of due process of law.

The use of these procedures, to exciude

millions of victims from the protection of

the U.S. Constitution, so they can be

deliberately killed with impunity from

etiminal statutes, is unconstitutional, and

makes Boe v. Wade void.

L “The Court... has flouted the will of

the framers and substituted an

interpretation in flat contradiction of the

original design .... Such conduct impels

one to conclude that the Justices are

become a law unto themselves. ... It

perilously resembles ... Hitler isn.“ R.

Berger, Government by Jadiciary: The

Transformation of the Fourteenth Amendment

408, 412 (Harvard Univ. Press 1977).

"Court had adjourned in the real

world.... (T)hey [the Justices] began to

invent a country suited to their

purposes.... They have falsified the

American past ... and no one in charge

seems prepared to do anything about it. T.

Landers, To A Traditionalist, Mr. Ron

Sounds So Good, The Wall Street Journal,

editorial page, December 27, 1984.

44

DUE PROCESS OF LAW HAS COMPELLED THE U.S.

SUPREME COURT TO CONFESS IN COURT THAT IT

IS GUILTY OF CRIMINAL EXTERMINATION,

INCLUDING MASS MURDER, AND TO ADMIT THAT

ROE v. WADE, 410 U.S. 113 (1973), IS VOID.

Por the 85th time, the U.S. Supreme Court

is accused in its own court with criminally

exterminating millions of victims in

violation of the U.S. Constitution, and 18

U.S.C. § 242.

Por the 6ltb time, the U.S. Supreme Court

is accused in its own court with mass

murder in violation of state and federal

statutes; -

Por the 65th time, the U.S. Supreme Court

is accused in it own Court of using

unconstitutional and criminal procedures to

effect and maintain the Boe v. Wade

killings. >

But, the U.S. Supreme Court has never

denied the charges, much less attempted to

1. Charges based on evidence, supra p. 3.

2./ Charges based on evidence, supra p. 18.

3./ Charges based on evidence, supra p. 38.

45

prove the charges to be false.

These facts are unparalleled in the legal

history of the world.

Under this Court's own rulings, its

silence year after year, while the victims

are being killed, is an admission that the

4

charges are true.

"Pailure to contest an assertion,

however, is considered evidence of

„ Under “the tacit confession rule,"

McCormick on Evidence, § 161, 270, failure

to deny a charge is tantamount to a

confession that the charge is true. Also

4 Wigmore, Evidence, § 1071-1072 (Chadborn

rev. 1972). “Underlying the rule is the

assumption that human nature prompts an

innocent man to deny false accusations and

consequently a failure to deny a rticular

accusation tends to prove belief in the

truth of the accusation." McCormick, supra,

§ 161. The Supreme Court has consistently

affirmed this rule. (1) be Court has

consistently recognized that ... silence in

the face of accusation is a relevant

fact.... Silence is often evidence of the

most persuasive character." Baxter v.

Palnisiane- 425 U.S. 308, 319 (1976).

And t rule is ancient. As Socrates cross-

examined at his trial over 2000 years ago:

"you are silent and have nothing to say.

But is this not rather disgraceful, and a

very considerable proof of what I was

saying?" "I may assume that your silence

gives consent." Apology in Plato 41, 45

(Jowett transl. 1942).

46

acquiescence only if it would have

been natural under the circumstances

to object to the assertion in

question.” United States v. Hale, 422

0.8. 171. 176 (1975).

The circumstances leave no doubt that due

process of law has compelled the U.S.

Supreme Court to confess that the charges

are true, and that Boe v. Wade is void.

First, the evidence makes it clear as

daylight why the Court is silent in the

face of the charges: the charges are proved

to be true.” No denial is possible.

Second, the charges were made in cases

filed pursuant to the Constitution and laws

of the United States. The judges had a

legal duty to attend to allegations that

Roe v. Wade was wrongly decided:

*(I)ts opinion — the construction

of the Constitution is always open to

discussion when it is supposed to have

been founded in error, and that its

The Supreme Court decreed killings to

be liberty“ which the people had

democratically defined to be “murder.”

This is mere historical fact; no denial is

possible. The decree that “Mass Murder is

Liberty“ is the ultimate lawless act.

47

judicial authority should hereafter

depend altogether on the force of the

reasoning by which it is supported."

The Passenger. Cases, 7 How. 282, 470

(1849).

In view of their oath, when judges “close

their eyes on the Constitution", and

"condemn to death those victims whom the

Constitution endeavors to preserve,” it is

worse than solemn mockery, it is "crime."°

6./ Maxbury v. Madison, 1 Cranch 137, 179-

180 (1803). Chief Justice John Marshall

wrote that for judges to swear to support

the Constitution as the supreme law of the

land, but then "close their eyes on the

constitution," and "condemn to death those

victims whom the Constitution endeavored to

preserve" was worse than “solemn mockery,"

it is a "crime."

Where there is an affirmative duty to act,

the deliberate omission to do that duty,

which results in death to others, can be

prosecuted as homicide. Perkins, Criminal

Law 604 (2nd ed. 1969).

The only Nazi to plea guilty at Nuremberg

cited this law. When he was warned of

Auschwitz, Speer wrote that "I did not

investigate - for I did not want to know

what was happening there.... [F]rom fear of

a@iscovering something which might have made

me turn from my course, I closed my eyes."

A. Speer, Inside the Third Reich 375-76

(1970). This "deliberate blindness” was

complicity in criminal extermination.

Pederal judges are guilty of crime when

48

Third, the Court's steadfast silence,

year after year, in the face of the scores

of accusations that it is guilty of mass

murder, is unparalleled in the legal

history of the world, and it is the very

circumstance which the Court itself has.

cited as making confession by silence

more trustworthy. ’

Fourth, not only has the Court's silence

persisted in the face of repeated

accusations, but the Court's silence has

persisted even in the teeth of warnings

that under its own rulings, its silence in

the face of the charges was being taken as

an admission that the charges are true, and

they close their eyes on the evidence, and

permit victims to be executed, whom the

Constitution endeavors to preserve.

2./ Concerning the Court's continuing

silence year after year: “Silence gains

more probative weight where it persists in

the face of accusation, since it is assumed

in such circumstances that the accused

would be more likely than not to dispute an

untrue accusation." United States v. Hale,

422 U.S. 171, 176 (1975).

49

Roe v. Wade is a mistake of law. 8

Fifth, the charges described the most

corrupt judicial system which the human

mind can imagine, that:

(1) judges had criminally exterminated

millions of children in violation of

the Constitution and laws of the United

States, and of the States;

(2) the United States was being ruled over

by a tribunal of murderers;

(3) due process had compelled the tribunal

of murderers to confess in its own

court to guilt of mass murder; and

(4) the tribunal of murderers was

maintaining its murders by keeping

truth from working in the courts of the

United States.

6 ä —

B./ “THE U.S. SUPREME COURT HAS CONFESSED

IN COURT TO GUILT OF CRIMINAL

EXTERMINATION, INCLUDING MASS MURDER, AND

THIS IS THE LEGAL EQUIVALENT OF THE EXPRESS

OVERRULING OF ROE v. WADE." Amicus curiae

brief by the Legal Defense Fund For Unborn

Children, filed in Akron v.

for. Reproductive Health, 462 U.S. 416

(1983).

50

Never in the legal history of the world

was it more imperative to deny charges if

they were untrue.

Thus, when judges, under solemn legal

duty to uphold the law, are accused of mass

murder in their own court year after year,

and the evidence is laid out in court, and

pictures of the dead are shown to the

judges, but year after year, while the

victims are being killed, the judges do not

deny the charge, much less attempt to prove

it false, then not only a 2000 year old law

of evidence, but the solemn legal duty

imposed by a government of laws, condemns

this silence as a confession that the

charge is true; and their decree is void.

The immediate practical result is that

due process has compelled the U.S. Supreme

Court to admit that Boe v. Wade is a

mistake of law. Truth has worked in the

U.S. Supreme Court in the only manner in

which it was permitted to work. Under our

51

government of laws, the Supreme Court was

met in court with the truth, and due

process has compelled the Court to admit,

in the most emphatic manner which the human

mind can imagine, that Boe v. Wade is void.

Any judge of the United States who

closes his eyes on these facts,

unparalleled in the legal history of the

world, and permits the Boe v. Wade

killings to continue, knows he is guilty

of complicity in criminal extermination,

including mass murder, in violation of the

Constitution and laws of the United States,

and of the states.

* — * — ain Ge,

3./ The Supreme Court asserted to legalize

killings which had been defined as criminal

by pes tive statutes. Since Boe v. Wade is

a mistake of law, all the killings since

1973 can be criminally prosecuted. The ex

post facto provisions of the Constitution

do not apply to judicial decisions which

are a mistake of law. Boss v. een, 227

U.S. 150, 161 (1913). The general rule is

that mistake of law is no excuse for

breaking the law. R. Perkins, Criminal Law

920 (24 ed. 1969). The limited affirmative

defense of reasonable reliance on an

official judicial opinion, thereafter

determined to be a mistake of law, does not

52

In the face of facts unparalleled

in the legal history of the world, our

government of laws will permit only one

conclusion: the U.S. Supreme Court was met

in court with the truth, and due process

apply to homicide cases. Model Penal Code,

Tentative Draft No. 4, Comments Sec. 2.04,

page 138. Perkins, supra, at 928.

Thus, the law applied at Nuremberg applies

to this case. Obedience to the unlawful

orders of judicial superiors is no excuse

for complicity in criminal extermination.

v. Altstoetter, supra, at

983-985 (1951).

The Nuremberg court described how “the

supreme judge" of Nazi Germany had decreed

criminal killings to be legal. At

ey the Nazi judges claimed that

they could not be held accountable for

complicity in extermination and murder,

because t were bound to the decrees

of *the supreme judge." But the Nuremberg

court rejected that defense since obedience

to the orders of superior 1 4 is no

defense in homicide cases: dagger of

the assassin was concesled beneath the robe

of the jurist." United States v.

Altstoetter, supra, at 985.

To illustrate the true status of Boe v.

Wade, su e a lawyer had accused “the

supreme 12 of Nazi Germany of mass

murder 50 times in court, but the “supreme

judge“ never denied the charge, much less

att ed to prove it false, and permitted

the killings to continue Could any court,

53

of law compelled the Supreme Court to

admit, in the most emphatic manner which

the human mind can imagine, that Boe Vv.

Wade is unconstitutional and void.

ä

called upon to try the Nazi j s for

complicity in murder, have perm tted those

judges the defense that the silence of “the

supreme judge” proved that the killings

were lawful? That such silence — the

Nazi judges could permit the killings to

continue without question? This is too

criminally monstrous for any sane person to

dare to insist upon.

The law makes a mortal distinction between

killing and not killing which no judge can

safely ignore:

l. N — who stops the Boe v. Hage

killings, and makes a mistake of law,

can only be overruled on l;

2. But any judge who allows t killings to

continue, despite the objection that the

Supreme Court decreed “Mass Murder Is

Liberty," and makes a mistake of law,

can be prosecuted for complicity in mass

murder, and be sentenced to death.

The law of capital murder is a hard school,

where lessons are taught only one time, and

mistakes of law are not forgiven.

Due process has compelled the Supreme Court

to overrule Boe v. Wade. Any judge who

elects to ignore the facts and take part in

a national scheme to mass murder little

children, rather than to allow truth to

work in court, must deliberate) hazard the

death penalty. Many states still punish

mass murder with the death penalty.

54

CONCLUSION

The anicus demands that the Court

expressly overrule Boe v. Wade, and stop

the killings which it perpetrated.

Due process of law has already compelled

the U.S. Supreme Court to admit that Roe v.

Wade, 410 U.S. 113 (1973), is void.

The U.S. Supreme Court has perpetrated

one of the giant criminal exterminations in

the peacetime history of the world.

Since the limited affirmative defense of

reasonable reliance on an official judicial

decision, thereafter determined to be a

mistake of law, does not apply to homicide

eases, the court should expressly overrule

Roe v. Wade, not only to stop the killings,

but also to protect unsuspecting persons

from taking part in murder and criminal

extermination, and sharing the Court's

awesome criminal liability.

Alan Ernest, Counsel

55

BEST AVAILABLE COPY

IE CLC —

The photograph, supra A-1, shows a second

stage abortion by prostaglandin. Such abor-

tions not uncommonly result in the child

being born alive.- This Court would be

guilty of murder for such killing. There

have been thousands of such killings under

Roe v. Wade; and witnesses live to tell.

If the child were born dead, the Court

would be guilty of criminal extermination.

As the Court studies the face of this

victim of Roe v. Wade, let it contemplate

that a government of laws shall be

restored, and call the killers to account.

L Eloyd v. Anders, 440 F. Supp. 535, 538

(1977). There are about 140,000 second

stage abortions each year. All the common

second stage abortion techniques -

hysterotomy, prostaglandin, and even salt

poisoning - can result in the child being

born alive. Jefferies and Edmonds,

Abortion: The Dreaded Complication, The

Philadelphia Inquirer, August 2, 1981.

2./ Since the universal words "any

person," as used in the Fifth and

Fourteenth Amendments, do include the

unborn, their lives are also protected from

judicial extermination by 18 U.S.C. { 242.

A-2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.