Kendall Democrat Doctrine is religion: Alaska’s legal analyst on Left says abortion is a First Amendment right

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Scott Kendall

As the Biden Administration looks for ways to increase abortion availability in the likely event of the Supreme Court reversing federal protections of Roe v. Wade, one of Alaska’s most politically left-leaning lawyers says that abortion is a free speech right, protected by the U.S. Constitution.

The bloody process of eliminating a child from the womb is an interpretation never before tried in the history of free speech and opens the door to other novel interpretations of speech.

Under the reasoning of lawyer Scott Kendall, who authored the flawed Ballot Measure 2, was Gov. Bill Walker’s chief of staff and apologist, and was legal counsel to the campaigns of Sen. Lisa Murkowski, the Jewish faith at times actually encourages abortion up until the moment when the child takes his or her first breath.

Kendall claims that, as such a tenet of faith, abortion is protected because his faith is protected by the First Amendment.

Kendall posted his hot legal take on Twitter, with documentation to back it up. According to Kendall, “Abortion isn’t prohibited by my faith — in fact abortion is supported, and even encouraged, when health of a woman (including mental health) is at risk. Allowing laws that favor some religious groups’ beliefs over those of others violates our 1st Amendment rights to Free Exercise.”

Kendall cites an advocacy paper from National Council of Jewish Women that says life does not begin at conception, and that the soul does not enter the body until the first breath of oxygen reaches the lungs of a baby at birth, according to the Torah.

Kendall’s authoritative source says Jewish law does not consider a fetus to be alive and further, if violence is done to a woman who is pregnant, and she miscarries as a result, the perpetrator only has to pay a fine, for the miscarriage, and is punished only for whatever harm is done to the mother herself. That’s because the baby in the womb is not considered human.

Kendall’s sources say that abortion is even required by Jewish faith if the mother’s psychological health is not well. NCJW advocates for abortion access as an essential component of comprehensive affordable, confidential, and equitable family planning, reproductive, sexual health, and maternal health services and says that a fetus is not considered a person.

The Kendall Doctrine is different from what President Joe Biden is saying. Biden said, “The idea that we’re going to make a judgment that is going to say that no one can make the judgment to choose to abort a child, based on a decision by the Supreme Court, I think goes way overboard.”

It was the “C” word that caught critics’ attention: Biden described the in-utero infant as a “child,” unlike what Kendall considers it, which is not a living being because it hasn’t taken a breath.

Biden, who is also a lawyer and who is at the top of the government pyramid, made it clear that it’s a human who is killed during the abortion. His administration is now weighing options for how to assist women in the killing of what he admits is their offspring.

“Officials are discussing whether Medicaid funding could be made available to women to travel to other states for an abortion, according to outside advisers who spoke on the condition of anonymity to describe internal discussions, but many doubt whether that is feasible,” according to The Washington Post.

Although it’s not final, on Monday, a document was leaked by the U.S. Supreme Court that shows that in February the justices voted by a majority to overturn Roe v. Wade, the landmark legislation that put sideboards on state laws prohibiting abortion. The ruling, which is a draft at this point, would turn the matter back over to states for them to decide their own abortion laws. Alaska has few abortion providers but very liberal abortion laws and an extremely liberal Alaska Supreme Court that decides in favor of unfettered abortions, under the Alaska Constitution’s right to privacy.

Kendall’s political ally, Bill Walker, also vented about the overturning of Roe. On Tuesday, the former governor and current gubernatorial candidate said that Alaska’s privacy protections were imperiled by the Supreme Court decision.

In fact, Alaska’s abortion laws will not change with the ruling that is being drafted at the Supreme Court, but if Alaska has a constitutional convention, which Kendall opposes and is leading an effort to defeat, the rights of the unborn would become a front-and-center item of debate. The constitutional convention question will appear on the November ballot.

31 COMMENTS

  1. Scott Kendall has made a mess with his input. I can’t wait for it to turn on him and his leftist ideas. Go to California and be welcomed. This use to be a easy state to live in until you showed up.

  2. Chris Wray and the federal government bill Barr need not say more. Blow it up give the states the power they each deserve boooooooo to the federal government blow it up power hungry my way clowns. Into GOD hands with these clowns. Lisa murkowski just don’t get it. Shameless Lisa can’t do nothing right. Move to China Lisa good by roe.

  3. Let’s see. Nope. I reread Amendment I to the US Constitution and nowhere did I see that abortion is a right. Kendall’s extraconstitutional interpretation seems to be based in Jewish lore. The United States was founded as a Christian nation. It’s origins and the original intent of the Constitution and it’s Amendments can be interpreted by it’s plain meaning. Life as we know it is not reliant on an independent breath outside of the womb. Embryonic cellular reproduction and growth inside the womb is what constitutes the life of the unborn child. The mother supports these functionalities with her own body through proper nutrition.
    .
    Sorry Mr. Kendall. Your Constitutional Law professor fed you a bunch of legal hooey that you paid her for with your student loans. Go back to your Jewish momma and ask her if her Jewish faith includes intentionally misrepresenting truth to the public in order to effect a misplaced and misguided trip to the abortion clinic. Extracting a viable fetus and ending it’s innocent, pure, beautiful life is …….
    .
    murder.

    • Thank you Chrissy, you took the words out of my mouth. That fetus has a beating heart and feels pain. I’m tired of the inhuman monsters that demean and treat that beautiful creation of God as a simple tissue sample. There is no right in the Constitution or under heaven to snuff out that life. That being said, if the mothers life is in jeopardy due to some complication, she should have the right to either save her own life or the baby’s in my opinion. That choice belongs to the mother.

      • Orthodox Jews believe an embryo is a human AT conception. Orthodox Jews believe that abortion is genocidal barbarism.
        And, Orthodox Jews know something about genocidal barbarism.
        .
        It’s very plain to see that Mr. Kendall is grasping for anything to advance his warped agenda. If his mother is truly Jewish, and taught all of these false parables to Mr. Kendall, then SHAME on her.
        .
        I would like to know what Mr. Kendall’s true motivation is regarding this issue. If it involves the collapsed mindset of the disgraced Bill Walker, or the twisted logic of Lisa Murkowski, then it may have something to do with money$$$$.
        .
        Abortion tourism to Alaska.
        .
        SICK!!!!

  4. Scott Kendall needs to read his Torah… Exodus 21:22-23 (NIV) “If men who are fighting hit a pregnant woman and she gives birth prematurely but there is no serious injury [to the mother or the child], the offender must be fined whatever the woman’s husband demands and the court allows. But if there is serious injury, you are to take life for life…” The context of the abortion is lex talionis – proportional penalty like an eye for an eye… In other words, the death of a baby by abortion is a capital offense and the abortionist, whether a clinic provider or an assailant (yeah, redundancy…) must die. If the child survives the miscarriage with no serious injury, and the mother has no serious injury, the perp gets fined. Kendall is complicit to murder. Life begins at conception, when DNA is formed distinct to the child.

  5. Scott Kendall is the real governor of Alaska. He is the puppeteer behind everything

    • False statement! Kendall pulls no strings attached to Dunleavy. Kendall himself is a little worm of a guy who bullsh*ts his way through life, pretending he is a respected man. I doubt anybody respects Scott Kendall. He’s a useful tool of the left and he survives with pats on the back. In actuality, his own cohorts despise him.

  6. Justice Alito’s leaked opinion shreds all such arguments. It is one of the most brilliant opinions to ever come from the SCOTUS. I highly encourage everyone to read it in full and study it until they understand it.

  7. The fact that every woman I have ever known who suffered a miscarriage also suffered serious emotional trauma gives the lie to the idea that a child in the womb is just an inanimate lump of tissue.

  8. Guess what Alaska??? You can thank none other then Sarah Palin for giving Scott Kendall a platform after she endorsed and worked to get Democrat Byron Malott and Bill Walker in place. Kendall was the chief of staff.

  9. Kendall supports murdering (sacrificing) a child for convenience. How horrible is that!!! And to what god will that give you gold, silver and power? The left has given their children to the devil and Kendall loves it.

  10. Federalism at work. Each state should have the right for its citizens to make the decision if abortion should be allowed.

    Don’t like it? You have a chance to vote in a Constitutional Convention and write your objections into law.

    Like so many other things in Alaska, it comes down to conservative voter apathy. People love to whine, but not vote.

  11. Concerning how many people are so quick to drag Kendall’s Judaism into this.

    Curious and disturbing. Why not throw out a few Semitic tropes while at it?

    There is plenty of reasons to loathe Kendall without throwing in his faith.

    In a non religious state like Alaska , this argument is won based on sound legal and medical arguments. Not religion.

    • Looks to me like Kendall brought the Jewish faith into it. Others here are quarrelling with his interpretations. It is hard for me to believe that as dedicated a leftist as Kendall is would have any sort of religious faith.

      • Points taken. Still, attacking him for his interesting interpretations of it takes people down to his scuzzy level.

        It gives his sycophants ammo to use in the “the right are bigots” game.

        Fight back, hard. But never mud wrestle a pig. You get dirty and they like it.

      • Kendall married a Jew. He’s married into a Jewish Family from Fairbanks. Rep. Hopkins is his brother in law. But not Orthodox.

    • Kendall brought his religion into this and is basing his entire argument on it.
      Personally I find the ‘religion’ approach secondary to the abortion issue, I think the fact that it is murder is reason enough to have it prohibited.
      Mr. Kendall’s argumentation is one further example of the incompatibility of alien cultures and beliefs with the concept of America as envisioned at its founding.

      • Exactly! Kendall brought Judaism into the argument, which is the left’s new argument. The Old Testament doesn’t in any way support abortion; only the add-on scriptures and codes that legalistic Jews added on to the old Testament support such ideas. Which is why Jesus stood against the Scribes and Pharisees.

  12. So, in the 1970’s liberals told us that the right to privacy equaled the right to rip the arms and legs off of babies.
    When that idiotic lie got old, it was freedom of speech equals the right to murder.
    Now it’s a “religious” belief (or lack of one) that equals the right to murder 63 million babies.
    And like a typical Democrat, Kendall is a lying pig puke from Hell. Exodus 21: 22-25 couldn’t be clearer and says that if a pregnant woman’s baby is killed as the result of 2 men fighting, the one responsible is to be put to death.

  13. So by extension, if a religion said human sacrifice is necessary to their religion and is protected by the first Amendment, then we should allow it?
    Oh, yeah… that’s abortion anyway.

  14. If a fetus is not a living being why are people harvesting their organs? Why are the baby parts used in a Covid vaccine? If a woman is murdered with a baby in her it is double homicide. Why do pro abortion proponents all disagree with capital punishment, but will kill a baby without any though? The choice for the woman was to sleep with the man not what to do about the outcome of the act. Who asked the baby/fetus what they think? Liberalism is a mental disorder, they don’t think rationally just emotionally. Kendall and his type have probably killed more people through the years than Stalin, Mao and Hitler combined. For all you radical lefties that will argue rape! There are always a lot of people out there looking to adopt and there can be exceptions for these women.

  15. Incomprehensible to me. The cited linkages do not “link” and are oppositional to each other. Seems invalid to me.

  16. Who am I going to believe about the orthodox view on murder: Moses or some sleazy lawyer from Alaska?

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