Tuesday, April 12, 2016

Religion and Why Cruz Can't Win the Presidency

One of the reasons that I, as a conservative, personally don't think that either Ted Cruz or John Kasich are going to win the general election is because they are both too religious in a society that has become less and less so.

For example, previously, I have criticized Kasich for expanding Medicaid in Ohio because it is a broken system, and expanding it will only make hospital and doctor availability worse for the current base who is already having difficulty in that area.  Yet, Kasich, in defending his actions as Governor of Ohio, said simply "read the bible".   Thus, he demonstrated that religion overruled logic and common sense on his Medicaid expansion decision.

The same is true with Cruz.

Recently, in a town hall interview with Fox's Megyn Kelly, Cruz said that Roe v. Wade is not settled law.  Thus he implied it could be overturned.  My problem with that is, in this country, one of the guiding principles of our legal system is "stare decisis".  In Latin, it basically means that [prior] decisions stand.  Otherwise, we would be continually re-litigating the same issues over and over again.  Thus, Roe v. Wade has become the "stare decisis" for abortion in this country.  As a lawyer, Cruz has to know this; but, in order to garner evangelical votes, he lies.  He also has to know that the only real way Roe v. Wade can be overturned is through an Amendment to the Constitution; which has a very high hurdle rate to effect passage.  Now, this is not to say that the nation's highest court can't reverse itself, but it is a tricky process requiring another case that would shed new light on the prior decision having precedence.

Further, he implied that, in banning abortion, there would be no exceptions for rape [or, I guess, incest] by saying this:
"When it comes to rape, rape is a horrific crime against the humanity of a person, and needs to be punished and punished severely..." "But at the same time, as horrible as that crime is, I don't believe it's the child's fault."
Once, again, this is a personal religious belief that is not consistent with our society as a whole.  In polling since 1975, Gallup has found that only about one-in-five Americans share it.  And, consistently, since the 1990's, more than half of those polled believe that abortion should be legal under any circumstance.

If Cruz gets the nomination, Hillary or any other Democrat will beat him over the head with his stand on abortion; with this issue just re-enforcing the GOP's  so-called "war on women" narrative.  Additionally, his stand on abortion will be seen as extreme by most of the nation.  And, I am sure that legal experts will also way in against him.


John Kasich Tells Critics Of Medicaid Expansion To Read The Bible: http://www.huffingtonpost.com/entry/john-kasich-bible-medicaid_us_56140a54e4b022a4ce5fb1e3

Ted Cruz in Wisconsin: Roe v. Wade not settled, ban abortion with no exceptions: http://host.madison.com/ct/news/local/govt-and-politics/election-matters/ted-cruz-in-wisconsin-roe-v-wade-not-settled-ban/article_28a2deb5-c488-583e-b4ee-5da06f2f1b3e.html

[now-Chief Justice] Roberts Testifies Roe v. Wade is "Settled As a Precedent" But Refuses to Say Whether He Would Reverse Abortion Ruling: http://www.democracynow.org/2005/9/14/roberts_testifies_roe_v_wade_is

10 Overturned Supreme Court Cases | HowStuffWorks: http://money.howstuffworks.com/10-overturned-supreme-court-cases.htm 

Ted Cruz and Pastors Smite Donald Trump in Wisconsin: http://www.thedailybeast.com/articles/2016/04/06/ted-cruz-pours-fuel-on-trumpster-fire-with-a-little-help-from-god.html 

Gallup polling on abortion: http://www.gallup.com/poll/1576/abortion.aspx

No comments: