AG Paxton: Judge Lee Yeakel’s ruling against SB8 is faulty on the basis of existing federal law

Honorable Ken Paxton
Office of the Attorney Generalseal of the great state of texas
300 W. 15th Street
Austin, TX 78711-2548

Subject: Yeakel ruling on SB8

General Paxton,

U.S. District Judge Lee Yeakel’s Ruling Texas Senate Bill 8 is in gross error, according to the Supreme Law of the Land.

The State’s legitimate concern with the preservation of the life of the fetus is an interest having its primary application once the fetus is capable of living outside the womb. – IX. CONCLUSION

Judge Yeakel incorrectly interprets Roe v. Wade. He concluded there is a woman’s right to kill her baby in the womb. No such right was created in 1973. The Supreme Court forged a right to privacy that is inherently unconstitutional because it applies only to women.

Fact: The U.S. Constitution does not explicitly provide a right to privacy. Over the years, federal courts have cobbled together bits and pieces of the Bill of Rights along with unconstitutional judicial activism to create law out of thin air.

Fact: The U.S. Congress has never created a law to either (a) give a woman a right to an abortion or to (b)  confer a special right exclusively for women.

Article VI of the Constitution defines the supreme Law of the Land.

“This Constitution…the Laws of the United States…and all Treaties…shall be the supreme Law of the Land.. and the Judges in every State shall be bound thereby…”

Fact: The Supreme Law of the Land supersedes any and all Supreme Court opinions contrary to the Laws of the United States.

While the above arguments may not serve to protect unborn Texans, the following does.

18 US CODE 1841 – PROTECTION OF UNBORN CHILDREN – CHAPTER 90A

(a)(1) Whoever engages in conduct that violates
any of the provisions of law listed in sub-
section (b) and thereby causes the death of, or
bodily injury (as defined in section 1365) to, a
child, who is in utero at the time the conduct
takes place, is guilty of a separate offense under
this section.

(2)(A) Except as otherwise provided in this
paragraph, the punishment for that separate offense
is the same as the punishment provided
under Federal law for that conduct had that injury
or death occurred to the unborn child’s
mother

(d) As used in this section, the term “unborn child” means a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

The above citations of law are found in the Unborn Victims of Violence Act of 2004 (short title).

I encourage you to draw on existing federal law that defines the unborn child as “child in utero”.

The State of Texas was at the forefront of the legal battles to defend the Right to Life in 1973 and is again at the forefront of defending the natural Right to Life.

John White
Rockwall, Texas

Copy: Lt. Governor Dan Patrick, State Senator Bob Hall, State Representative Justin Holland

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