AHRA bans abortion through Idaho’s murder laws because abortion is murder. – Part 1 of 4 Part Series

AHRA bans abortion through Idaho’s murder laws because abortion is murder. – Part 1 of 4 Part Series


Part 1 of a 4 Part Series on ‘The Idaho Abortion Human Rights Act’ from activist, Scott Herndon and ID state representatives John Green and Heather Scott


By Rich Loudenback


Pastor Paul Vanoy of the Candlelight Church in Coeur d’Alene, Idaho hosted a presentation by state representatives John Green and Heather Scott on their co­sponsored bill ‘The Idaho Abortion Human Rights Act.’


Pastor Vanoy set the stage for the evening by pointing out “Over 63 million babies have been killed since Roe versus Wade in 1973 in America. This cannot happen on our watch, we have to do something about it.”


Abortion activist from Sagle, Idaho, Scott Herndon, opened by commenting on Roe Versus Wade, “This is the central holding of Roe V Wade, this is what it said: ‘Pre-born human beings are not persons under the 14th amendment.’  And in fact, if you read the 14th amendment, where people will not be deprived of life, liberty or property without due process of law, they decided in that liberty word there, that includes that mothers have the liberty to hire an assassin to kill their pre-born child. That’s what Roe V Wade said.”


Then Herndon added, “Listen to this detail, because it said further that, ‘No state may interfere in an abortion in this mother’s right to kill her child as long as the child in her womb is before 24 weeks’ gestation.’  That is the central timeline that is in Roe V Wade.  If you go to the Atty. Gen. in the state of Idaho tonight, he’ll draw a little line on a map and it’ll say before 24 weeks you may not regulate abortion. After 24 weeks, you can regulate abortion. Basically the Supreme Court said after 24 weeks gestation magically the state develops a compelling interest to regulate abortion.”


In the years before the Roe opinion, Herndon said there were, believe it or not, in the early 60s, only hundreds of illegal abortions in the United States every year.  After Roe versus Wade the number immediately skyrocketed to over 1.6 million a year.


“Why,” asked Herndon, “Ecclesiastes 8:11:  If you look that up, it says ‘Because sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil.’ If you allow something in law that is unlawful, people will run to do it. It’s the nature of human beings.”



Herndon said an interesting fact is that in the Roe opinion, seven justices were in favor of the majority opinion, two were opposed, and five of them were Republican appointees to the United States Supreme Court.


He also said another significant abortion opinion was Planned Parenthood versus Casey 1992.


Herndon covers some in-depth history:


“What happened before Planned Parenthood versus Casey, is the states decided they were going to feel out, what were the parameters where the Supreme Court would basically tell them ‘No, you may not regulate that part of abortion and what can we get away with regulating?’ So Planned Parenthood versus Casey was a great opportunity because you had President Ford, President Reagan and President George HW Bush appoint six justices to the United States Supreme Court before 1992. You had nine justices on the court, three of them that were from the Roe era, from the Roe decision, two of those justices actually were the two dissenting votes in Roe V Wade. They opposed abortion as a constitutional right.


“So, Planned Parenthood versus Casey was examining Pennsylvania abortion statutes and regulations. And guess what? The decision was 5 to 4, and in that decision, five Republican appointees, said abortion was a constitutional right and states may not regulate abortion for 24 weeks gestation.  That was a central holding of Planned Parenthood versus Casey. In fact, Justice O’Connor wrote of the importance of stare decisis precedents and how it lends predictability and stability to the nation to have the court be consistent, even if the court is consistently evil. And consistently wrong.


“15, an important number here, of the last 19 Supreme Court Justices have been Republican appointees. Roe V Wade and 35 other decisions of the United States Supreme Court since Roe V Wade affirming the right to abortion is entirely owned by the entire Supreme Court, most of them are Republicans. The point being, that your hope should not be in the Supreme Court and Republican appointments to the Supreme Court.


“Now in the 2007 Carhart decision, the SCOTUS stated, and I’m going to give you this quote because this is your Supreme Court jurisprudence, ‘Before viability, a state may not prohibit any woman from making the ultimate decision to terminate her pregnancy,’ otherwise known as kill her child.  Going back to that Planned Parenthood versus Casey decision, they said further there that you may not place any significant obstacle between a mother and her desire to murder her child by abortion. No significant obstacle, no substantial obstacle may be placed.


“So, I’m here to tell you that even in this year, 2019, June 28 of this year, Clarence Thomas, who actually is the only justice whose ever gone on record in any Supreme Court opinion and said he thinks abortion is not actually a constitutional right. He is the only one on the court right now that has said that.  He said this year, on June 28, in a case called Harris versus West Alabama Women’s Center that quote, ‘Under the abortion jurisprudence adopted by this court any restriction on abortion before viability is unconstitutional.  The Supreme Court is not your solution.’”


Herndon proclaims that the US Supreme Court is repeatedly part of the problem. The lie persists that whatever the Supreme Court declares is the law of the land.



“I told you about Idaho’s Atty. Gen., he’s going to tell you that all opinions of the federal courts must be obeyed by Idaho.  But that’s not true. Roe V Wade and Supreme Court jurisprudence is not the law of the land, it is the lie of the land,” Herndon said.


Herndon continues:


“The actual Constitution of the United States, Article 6 says that the Constitution is the supreme law of the land and, in fact, it binds our state government officials to independently judge, I call it independent judgment, what the actual federal Constitution and your Idaho State Constitution says about murder. And nothing in the Idaho or federal Constitution grants any right of a mother to kill her child in an abortion.


“So, if somehow the Constitution did grant a right to kill a pre-born child, then I would stand up here today and suggest that we burn the Constitution and exercise our God-given right to abolish this current form of government and establish a government that respects our God-given right to life.


“But, the good news is we don’t have to abolish our current form of government because this year in Idaho, Idaho possesses the lawful right to abolish abortion without abolishing our form of government. The fifth and 14th amendments prohibit murder, the ninth and 10th amendments grant the people in the state control over prohibiting murder. The federal Constitution confines lawmaking, and this is a big point, lawmaking is done by legislatures. Not by courts!


“Also, the federal Constitution affirms that the executive and the legislative branches are actually supposed to be a real check and balance to the judiciary.  Did you know that the Congress can remove judges on the Supreme Court if they wanted to?  That’s in our Constitution. Now, the state all along possesses the lawful right to ignore or defy the federal government wherever it has overstepped its authority.


“The Idaho Constitution, a great document, says in Article 1 it guarantees an inalienable right to life and to secure safety and it guarantees equal justice and equal protection under law for all persons in Idaho, Section 1, Section 2, Section 18 Article 1.


“The Supreme Court, this is going to be news to you, you probably didn’t realize this, but if you ever noticed there are nine robed people on the Supreme Court, they have no police, they have no prisons, they have no military, they have no enforcement power for their opinions whatsoever. Instead they expect, in fact they wrote in the Roe v Wade opinion that the states will readily enforce any of their opinions as if those opinions have the force of law. And guess what? The states have not disappointed our Supreme Court of the United States.  In so doing, you know who the state of Idaho has disappointed? 28 babies killed this week in abortions.


“There were 1300 children killed last year in the state of Idaho in abortions and tens of thousands of Idaho children killed in our state borders since Roe versus Wade. That’s who we disappointed.”



Herndon said that the pro-life movement, is the other aspect, and efforts of Idaho legislators to date have operated under the lie of judicial supremacy.  He said what that means is, that by doing so, by granting the judicial branch authority they don’t have, and we are legitimizing the tyrants on the Supreme Court.  “Every single pro-life bill proposed has obeyed this false authority and this unlawful federal court jurisprudence related to abortion,” stated Herndon.  “By even attempting to work within the court’s permission scheme you are granting them authority. You are legitimizing their tyranny.”


He gave an example. Stating that this happens all over the United States, he asked if anyone had heard about the abortion ban earlier this year in Alabama. There was a near-total ban in the state of Alabama, which he said, of course, has been blocked by a federal court so it is not in effect. Herndon stated, “The Alabama governor said in a quote, pay attention, ‘While it is necessary to respect the Supreme Court’s authority the sponsors of this bill believe that it is time for the Federal Supreme Court to revisit this important matter about abortion.’”


“It is not necessary to respect unlawful opinions of the Supreme Court. In fact it’s not even constitutional to do so. It is also not wise to wait for the Supreme Court to repent when clearly they’ve shown a 46 year history of not doing so. But the courts do not make laws, legislatures do.  I’m going to tell you that there have been in the last 10 years since 2010, 18 pro-life laws proposed in the state of Idaho.  We have a list, it’s on our website. 18 pro-life laws proposed in the state of Idaho.  Of the ones that passed, none of them saved a single baby’s life. Why, because the courts said you may not save any lives before 24 weeks.”


He gave a specific example here in the state of Idaho. This year, S 1049, a Senate bill, heralded by Right to Life of Idaho as a Pro-Life victory was a partial abortion ban.  Herndon said a partial birth abortion is only a type of late-term abortion and the Department of Health and Welfare in the state of Idaho says that type of abortion is not even performed in the state of Idaho. “Do you know why it isn’t? he asked. “Because there is a federal law that prohibits partial-birth abortions that was reviewed by the Supreme Court in 2007 in the Gonzalez versus Carhart decision. And they said, ‘Ya, you can go ahead and have that abortion regulation.’  Why? Because you can work your way around partial-birth abortion.  Just kill the baby while it’s still fully inside the mother and deliver the dead body. That is not a partial-birth abortion.”



“Now, another example, in 2011 Idaho was one of the first states that passed a pain capable abortion ban.  But, since that was before viability, pain capable bills or 22 week bills, the Idaho Federal Court said no. And the Idaho state government said we obey the court, ‘Yes master,’” said Herndon


Then there are the Heartbeat Bills that passed in multiple states in recent years reported Herndon.  He says they are a six week abortion ban and every single one of those was designed to comply with judicial supremacy and go before the court for their blessing and review and their grant of permission to pass, so every single one of those is currently blocked by federal courts. Not a single one of them is in effect. Why? Herndon said because they said ‘No, we told you, you may not regulate abortion before 24 weeks gestation,’ and they’ve been consistent for 46 years. So the states have bowed to the courts and they continue to allow murder.


Herndon wraps this up, “Under judicial supremacy, pro-life laws save no babies and is in contrast to the bill that John Green, our state representative from District 2, and Heather Scott, our state representative from District 1, are introducing.  What’s different about the abortion human rights act? Number one, it treats abortion like any other homicide and the most important part is that is it defies the federal courts.


“Did you know that ending abortion is a love God and love your neighbor issue? Herndon asked. We would never obey a judicial tyrant who says it is okay to kill anyone in this room. So if we are going to love God and love our neighbor as ourselves why are we obeying a judicial tyrant who says it is okay to kill babies?


“Did you know it is legal to defy the federal court and it is within the lawful authority and the power of Idaho to do so?  I’ll give you a great example, just ask all the states that have legalized marijuana. Did you know that marijuana is a schedule one illegal drug according to United States Congress and an actual law that they passed that ban’s marijuana? And that the Supreme Court of the United States in 2006 in Gonzalez versus Raich told the state that under the Interstate Commerce Clause, if you allow marijuana we can come in and enforce our criminal laws against you? And did you know that the states said, “We don’t care, were going to legalize marijuana.”  So don’t you tell me the state of Idaho cannot ban abortion and defy the federal government.


“Idaho will ban abortion when we, the people in Idaho, demand that abortion be abolished.”


See website:  abolishabortionID.com