October 22, 2013 – Clarke Forsythe

// October 22nd, 2013 // Quest for a Culture of Life in America

Clarke Forsythe is currently Senior Counsel for AUL and author of Abuse of Discretion: The Inside Story of Roe v. Wade, from Encounter Books. His twenty-seven years of service to AUL includes founding and directing the AUL Project in Law & Bioethics, serving for six years as Vice President and General Counsel, overseeing AUL’s nationwide litigation and legislation strategy, and serving as President for ten years.
He also wrote Politics for the Greatest Good: The Case for Prudence in the Public Square, making the case for persistence and incremental victories as a prudential, ethical and realistic path to achieving significant change.
Forsythe has argued cases before federal and state courts and has testified before Congress and state legislatures. He is also a prolific writer on pro-life law issues, having published more than 15 law review articles and book chapters, as well as articles in First Things, the Wall Street Journal, and National Review Online. Other leading newspapers that have published his articles or quoted him include The New York Times, USA Today, the Washington Times, the Washington Post,Chicago Tribune, and the Wall Street Journal. Clarke blogs frequently on “The Road to Roe”
In 2006, Forsythe received an M.A. in Bioethics from Trinity International University.
Clarke has a law degree from Valparaiso University School of Law and a B.A. in Political Science from Allegheny College.

Preliminary Discussion “Abuse of Discretion” is a legal phrase meaning, A failure to take into proper consideration the facts and law relating to a particular matter; an arbitrary or unreasonable departure from precedent and settled judicial custom. Where a trial court must exercise discretion in deciding a question, it must do so in a way that is not clearly against logic and the evidence. An improvident exercise of discretion is an error of law and grounds for reversing a decision on appeal. It does not, however, necessarily amount to bad faith, intentional wrong, or misconduct by the trial judge.

Abuse of Discretion… is based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton. Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court’s abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health.

Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision-with such important consequences for public health, producing such prolonged political turmoil-come from the Supreme Court in 1973?

Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued.

Will these abuses eventually lead to overturning Roe and Doe?

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