Coalition letter Supreme Court
Coalition Letter on the
Pledge for a Pro-Life Nomination for
Justice Scalia’s Seat on the U.S. Supreme Court
Donald J. Trump
President-Elect of the United States
Dear President-Elect Trump,
The undersigned urge you to fulfill your pledge to the American people concerning the U.S. Supreme Court by nominating only those who have a proven pro-life record. Exit polls in the election showed that 21% of voters felt that this issue of the Supreme Court was “the most important factor” in determining for whom they voted. Among that group of voters, you defeated your opponent by a landslide of 15%, 56-41%.
As you stated during the campaign and in your 60 Minutes interview after your election, you are pro-life and you pledged to nominate justices to the Supreme Court who are pro-life. In addition, Phyllis Schlafly and other conservatives endorsed you in reliance on your public pledge to replace the late Justice Antonin Scalia with someone as close to his views as possible.
Justice Scalia never ducked the abortion issue, and always sided with the pro-life position. His replacement should be nothing less.
You indicated that you will make your nomination from a list of 21 candidates that was provided to you by others. Unfortunately, the list omits any women who have a pro-life record, and includes a total of only four women out of 21. This was probably an oversight, because many well-qualified women with pro-life records are available for nomination, and they should be considered for this important position. For example, Judge Jennifer Elrod of the U.S. Court of Appeals for the Fifth Circuit has credentials equal to or better than those on the list, and she would be an outstanding nominee for Justice Scalia’s seat.
Attempts to nominate a “stealth” candidate lacking in a record on abortion was the failed approach of the past, and would be inconsistent with the transparency of your incoming Administration. Despite that, at least a half-dozen of the candidates on the list lack a pro-life record. We urge you not to consider these candidates lacking a pro-life record for the position of Justice Scalia’s seat on the Supreme Court. Several of these judges on the list have even written or spoken in ways that are at odds with the pro-life position.
Candidates who lack a pro-life record include, for example, Judges Diane Sykes, Steven Colloton, Raymond Kethledge, and Neil Gorsuch, and Justices Allison Eid and Joan Larsen. In addition, each of these judges has either ruled against the pro-life position or has otherwise shown an unwillingness to be publicly pro-life. (See Appendix for details.) That disqualifies them from filling Justice Scalia’s seat, particularly in light of how better candidates are available to be nominated.
Outstanding Candidates
In addition to Judge Elrod as recommended above, her elder colleague Judge Edith Jones would also be a stellar choice. She is likewise a female jurist who has qualifications superior to most on the current list, and yet was inexplicably omitted.
There are several outstanding candidates who have pro-life records that would fulfill your pledge. For example, Justice Charles Canady of the Florida Supreme Court, who is on your current list, would be a fabulous nominee. Judges Elrod and Jones, and Justice Canady, are all experienced judges who have been transparent about their views and have an unblemished record on the bench. Any of these would be a tremendous addition to the U.S. Supreme Court.
Conclusion
Justice Antonin Scalia is, in many ways, impossible to replace. But several well-qualified candidates having a pro-life record are available for selection, as explained above, and the undersigned urge your nomination of one of them to fulfill your pledge of replacing Justice Scalia with someone like him. Thank you.
Sincerely,
Andrew Schlafly, Esq.
Legal Center for Defense of Life (Far Hills, New Jersey, ph: 908-719-8608, email: aschlafly@aol.com)
Michael J.A. Robb, M.D.
Association of American Physicians & Surgeons
Janet Porter
Faith2Action
Michelle A. Cretella, M.D., FCP
American College of Pediatricians
Bobby Schindler
Terri Schiavo Life & Hope Network
Brian Westbrook
Coalition for Life St. Louis
Ambassador Faith Whittlesey
Assistant to the President for Public Liaison, Reagan Administration
Member of the Donald Trump White House Advisory Committee/Team
Jared Woodfill, Esq.
Conservative Republicans of Texas
Bradley Mattes
Life Issues Institute
Jennifer Powell, M.D.
Missouri Chapter, Association of American Physicians & Surgeons
Luke Bauman
Human Life Alliance
David McKalip, M.D.
Florida Chapter, Association of American Physicians and Surgeons
Jim Backlin
Vice President, Legislative Affairs
Christian Coalition of America
Ed Martin, Esq.
Eagle Forum Education & Legal Defense Fund
Republican National Coalition for Life
Robert Hurley, M.D.
President Emeritus, Credo of the Catholic Laity
Tammy Kobza
Iowa Eagle Forum
Jayne Schindler
Colorado Eagle Forum
Lori Viars
Board Member, Warren Co. Republican Party (Ohio)
Warren County Right To Life (Ohio)
Paula Westwood
Executive Director
Right to Life of Greater Cincinnati (Ohio)
Molly Smith
President
Cleveland Right to Life Inc. (Ohio)
Denver Sallee
Chairman
HELP the ProLife Apostolate of SS Helen, Edward and Lucy (NE Ohio)
Jacqui Fetsko
Executive Director
Lake County Right to Life (Ohio)
Joseph Stanton, Esq.
Pro-Life Lawyer’s Guild of South East Pennsylvania
Sandi Ruggles
Eagle Forum Wisconsin
C.E.Pfeifer
Fran Bevan
Eagle Forum of Pennsylvania
Cherilyn Eagar
Phyllis Schlafly Eagles of Utah
Ann Marie Bowen
Nebraskans United for Life
Eric Olsen
Montana Eagle Forum
Montana Shrugged Group
Troy Newman
Operation Rescue
Mary Lou Gartner
People Concerned for the Unborn Child (Pittsburgh)
Nick Adams
The Foundation for Liberty and American Greatness
Jerri Ward, Esq.
Phyllis Schlafly Eagles of Texas
John Eidsmoe, Lt. Colonel, USAF(Ret.)
Professor of Constitutional Law, Oak Brook College of Law & Government Policy
Kathleen Sullivan
Phyllis Schlafly American Eagles (Florida)
David Usher
Cynthia Davis
Center for Marriage Policy
Cathy Gilmore
Virtue Inc./VIRTUE WORKS MEDIA
Frank D. Tinari, Ph.D.
Editor, ProLife News Briefs
Mayor Emeritus, Florham Park Borough, NJ
Professor Emeritus, Seton Hall University
Jean M. Heise
President Emeritus
The Haven Network (a perinatal hospice in N. ILL)
Larry Cirignano
Vice President, Legislative Affairs
Children First Foundation
Zip Rzeppa
Founder, Executive Director
Mater Media
Christopher A. Ferrara, J.D.
President and Chief Counsel
American Catholic Lawyers Association
Daniel Rabourdin
Founder & Producer
For you Joan, LLC
Mindy Patterson
Calvary Group
Paul Hagan
President
Custos Veritas
Dennis Howard
Movement for a Better America, Inc.
Stephen Perkowski
Morris County Right To Life (NJ)
Eleanor Finneran
Founder and President
Marian Centre of St. Louis
Joan Fasanello
Life Choices, Inc.
Cindy Evans, Administrator
Lifewatch/TUMAS
Taskforce of United Methodists on Abortion & Sexuality
Ralph A. Capone, M.D., FACP
Saint Gianna Sodality for the Sanctity of Human Life
Mrs Marie Grady Adamo
Phyllis Schlafly Eagles of Ohio
Sean T. Flanagan
Legatus, Domestic Church Media
Good Counsel Homes
Tricia Erickson
Angel Pictures & Publicity, Inc., a Publicity & Crisis Communications Company
Jim O’Laughlin
Catholic Radio Network
Steve Koob
One More Soul
Zina Hackworth
This Race Will Self-Destruct
Lu Cortese
St. Joseph Radio
Lou Holtmann
John Struckhoff
Faith Based Voters
Frieda Keough
Judy Sofka
Missouri Precinct Project
Aaron D. Wolf
The Rockford Institute
Connie Eller
Missouri Blacks for Life
Donald Thomson
Westmoreland County (PA) Conservative Coalition
Marlene Wohleber
People Concerned for the Unborn Child, Pittsburgh
LIFEPAC SW Pennsylvania Pro-Life Political Action Committee
Gregory Quinlan
Center For Garden State Families
Ted Meehan
Executive Director
Pennsylvania Catholics Network
Legislative Director
Pennsylvania Pro-Life Coalition
Kyleen Wright
Texans for Life Coalition
Mary Maschmeier
Defenders of the Unborn
Terry Lowry
What’s UP Radio Program – Texas
Paul Caprio
Director of Family Pac Federal
Jeff Salvino
The Daily Salvo
Jeff Steigerwalt
Pennsylvania Delegate to Republican National Convention
Willy Guardiola
Christian on a Mission
Renate Ferrante
Collier Community Abstinence Program (CCAP)
Kelly M. Rowe, Esq.
President, Catholic Defense League
David E. Smith
Executive Director, Illinois Family Action
Appendix
Although included in the list of 21, the following six candidates lack any pro-life record and have even shown an unwillingness to take a pro-life position publicly:
1. Judge Diane Sykes ruled against a pro-life Indiana law and required taxpayer funding of Planned Parenthood. As a state court judge, she sentenced two veteran abortion protesters to 60 days in jail.
2. Judge Steven Colloton wrote or joined multiple pro-abortion opinions: one to eviscerate a pro-life South Dakota law, another to side with a fellow pro-abort judge against a pro-life Nebraska law, and a third to side with a pro-abort judge to come down hard on a pro-life internet activist.
3. Justice Joan L. Larsen has no experience as a federal judge and only recently became a state court judge. Before that she was a law professor who repeatedly mentioned Roe v. Wade without criticizing it. She clerked for Justice Scalia but many of his clerks were not pro-life. She is similar to David Souter in her weakness in writing ability, which makes her susceptible to influence by the liberal media.
4. Neil Gorsuch wrote about abortion using the terminology of the pro-abortion side, without ever referring to the “unborn child.” As a federal judge he has avoided mentioning abortion but has favorably cited the pro-abortion Harry Blackmun decision that gave abortionists legal standing to challenge pro-life laws. Also, while religious beliefs are not a test for public office, Gorsuch’s Episcopalian church has publicly declared its “unequivocal opposition” to pro-life laws and he has said nothing publicly pro-life.
5. Judge Raymond Kethledge joined a decision that favorably cited a precedent censoring a pro-life advertisement, and held against allowing a Christian advertisement too.
6. Justice Allison Eid has been unwilling to speak out on the pro-life side. She tersely dissented from a denial of cert. before the Colorado Supreme Court in a challenge to an injunction against abortion protesters, initially on only the limited grounds of the length of the injunction and then later on only free speech grounds.
