On June 11, the Senate voted to end the filibuster concerning the appointment of David Hurwitz, whom President Obama has recommended to fill a vacancy at the Ninth Circuit Court of Appeals in San Francisco, CA. Much controversy surrounds this appointment. Why?
In 2002, Hurwitz wrote a law review article in which he says he helped create the legal framework for the Roe v. Wade decision – which legalized abortion – and says he still admires it. Over 50 million abortions have been performed in our nation since the decision of that divisive case.
Is it right for someone with such strong opinions of a very controversial and still legally-battled issue to be deciding the legality surrounding that matter? The biggest concern for opponents to his appointment is that he will let his personal feelings and history on the matter influence his judicial decisions.The President of the Judicial Action Group, Phillip L. Jauregui, sent a letter urging Republican Senators not to support this nomination. He said:"
Senators who consider themselves ‘pro-life’ simply cannot, in good conscience, vote for Andrew Hurwitz. It is rare for a nominee to have taken a position on abortion, and perhaps unprecedented for a nominee to have participated in the creation of the “rationale” of Roe v. Wade that usurped legislative authority by purporting to write “abortion” into the text of the constitution. A judge like Hurwitz who played such a clear role in one of the most significant exercises of judicial activism in our nation’s history must not be confirmed." (emphasis added)
Despite these impassioned pleas, the Senate voted to end the discussion and confirm Mr. Hurwitz to the Ninth Circuit, with a vote of 60-31.
ACTION POINT
Please pray for future cases that go before the Ninth Circuit. We have been before this Court many times and know how difficult it already is to receive a conservative judgment. With this additional appointment to the Court, our work may be even harder.