NORTH CENTRAL OHIO — A recent decision by a Federal Court of Appeals upholding a ban on a law has spurred a group of clergy into action. Ohio faith leaders are saying a federal judge is ‘out of bounds’ and calling for him to be censured for striking down a pro-life law.
Last year Judge Timothy Black struck down an Ohio law (H.B. 214) that was trying to prevent discrimination against those with disabilities by preventing abortion of babies diagnosed with Down Syndrome. Black said the court case Roe v. Wade calls “the right to abortion as ‘absolute’ and therefore entitles a woman to obtain an abortion ‘for whatever reasons she alone chooses.’”
The State of Ohio appealed the injunction but lost again to a divided panel of the U.S. Court of Appeals for the Sixth Circuit ruled, 2-1
In response to Black’s lower court decision, Reverend J.C. Church and over one hundred clergy from north central Ohio held a press conference opposing judicial tyranny. After the State lost its recent appeal, the pastors are going one step further.
“These federal court opinions are a miscarriage of justice; we are living in dark times,” says Reverend Church. “Judge Timothy Black has a lack of compassion for babies diagnosed with Down Syndrome. He is part of the culture of dictatorship.”
Reverend John Bouquet went further.
“When the Legislature and the electorate are upended by the Federal Courts, then a judge becomes a maker of the Law instead of a protector. Judge Timothy Black is another example of a Judicial legislator. We in the pastoral community call upon the Ohio Legislature to censure Judge Black.”
In a draft formal letter of censure sent to the Ohio Senate President and Speaker of the House, the clergy point out that Black worked as the Director of Cincinnati’s Planned Parenthood Association from 1986 to 1989, and also served as its President in 1988.
“There is no question that Black had a conflict of interest when he struck down H.B. 214,” says Church. “In his very own words Black recused himself in 2014 in a previous Planned Parenthood case because he said “perception is as important as the reality.” Yet no one has called him on the carpet for his injunction on the pro-life H.B. 214.”
According to 28 U.S. Code § 455, any judge of the United States shall disqualify himself in any proceeding when he has a personal bias or prejudice concerning a party, or when in private practice he served as lawyer in the matter in controversy.
The clergy’s draft censure letter points out babies diagnosed with Down syndrome during pregnancy are disproportionately aborted with close to one hundred -percent of mothers in Iceland receiving a positive test for Down syndrome terminating their pregnancy after receiving a positive test for Down syndrome, The same thing is happening in France, Denmark, and the United Kingdom.
On Black’s mishandling of the Roe v. Wade case, the clergy wrote “in light of Judge Black’s contested ruling, Black demonstrated an appearance of bias by refusing to consider in his opinion three-hundred cases where the United States Supreme Court overruled itself.”
Pastor Bouquet commented on the double standard.
“Proverbs 28:4 says ‘Those who forsake the law praise the wicked, but those who keep the Law strive against them.”
In another contested 2014 case, Rep. John Becker (R-Union Township) called for Black’s impeachment saying ” The federal government has an ever growing propensity to violate state sovereignty. He (Black) persists in allowing his personal political bias to supersede jurisprudence.”
Rep. Becker told Frontlines Ohio, “Judge Black is a symptom of a larger problem. The framers of the Constitution granted federal judges with lifetime appointments subject to impeachment. Because of Congress’ failure to police the federal judiciary, they have since become the legislating and policy making tribunal of the United States. “
A spokesman for Republican Attorney General Dave Yost said the state will ask the full 6th Circuit to review the case. A large majority of the 6th Circuit court’s members were appointed by Republican presidents, but Friday’s majority consisted of Democratic appointees.
View the clergy press conference at the Richland County Courthouse below.
Article updated October 28, 2019
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