In this brief one of many articles addressing our courts’ overreach into legislation and regulation, Alaska Right To Life Board Member Mario Bird addresses the 2014  Medically Necessary Abortion Funding law that was recently struck down by Alaska’s highest court:

If you missed it—as I did, initially—on February 15, the Alaska Supreme Court struck down yet another law that would restrict abortion in our fair state.  Coming on the heels of Virginia and New York’s celebratory pogrom bills, the Court’s decision was remarkable more for its timing than for its certainty of outcome.  Alaska’s unelected judiciary now sports a perfect 8-0 record in decisions upon which innocent unborn human life hangs in the balance:

(1) Valley Hospital – Alaska’s Constitutional Right to Privacy Includes Right to Abortion (1997)

(2) State v. Planned Parenthood – Requiring State to Pay for Medicaid Abortions (2001)

(3) State v. Planned Parenthood – Upholding 1997 Privacy Ruling, Remand for Hearing (2001)

(4) State v. Planned Parenthood – Striking Down Parental Consent (2007)

(5) Planned Parenthood v. Campbell  – Judge Rewriting Parental Notification Ballot Initiative(2010)

(6) Desjarlais v. State – Denial of Personhood Ballot Initiative (2013)

(7) Planned Parenthood v. State – Striking Down Parental Notification (2016)

(8) State v. Planned Parenthood – Defining Medically Necessary Abortions Under Medicaid (2019)

One might also reasonably include the Cleveland v. MOA case (1981), where criminal trespass convictions were affirmed for four pro-life protesters.  That would put the Court’s record at 9-0 over a span of 37 years.  Among modern Alaskan political institutions, only Don Young and Ted Stevens can claim greater consistency and longevity of policy.

The two most recent decisions are especially noteworthy, as Legislators lifted technical language from previous Alaska Supreme Court cases and placed them directly into their bills.  Surely, they presumed, if the Court indicated that these types of restrictions are legal, they would hold to their word in future cases.  Alas, for Lucy has once again removed the football, and Charlie Brown the Ingenue has fallen.

The irony, of course, is that the “right to life” is the first and foremost in our written constitution.  And we have a sitting Governor who has stated that life should be defended, from conception to natural death.  Yet we Alaskans have constructed a legal edifice that not only defies the will of our elected representatives, but will make a post-Roe Alaska a haven for abortionists.

How did we get to this point?  More importantly, how do we retrace our steps toward sanity, freedom, and life?

May God have mercy on us, and convert us.


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