In our blog, read about the political and cultural issues affecting Tennesseans written from a conservative perspective. Commentaries are typically written by David Fowler, an attorney who served in the Tennessee state Senate for 12 years before joining FACT as President.
Barrett, Breyer, and Baloney: SCOTUS, Court Packing, and Roe v. Wade
Sep 17, 2021 by David Fowler
“Barrett, Breyer, and Baloney” is not the name of a law firm that practices before the U.S. Supreme Court. Rather it is a description of my reaction to comments made this week by two Justices—one liberal, the other conservative (per...
Key Overlooked Principle in SCOTUS’ Ruling on Texas Abortion Law
Sep 10, 2021 by David Fowler
After further review and counsel, it seems the primary purpose of Texas’ new abortion law is to prevent abortions until the U.S. Supreme Court can decide, come next June, whether to affirm, reverse, or modify its abortion jurisprudence of the l...
What the SCOTUS Decision on the Texas Abortion Law Means
Sep 3, 2021 by David Fowler
Dr. P. Andrew Sandlin once told me, “Political victories are perfectly compatible with losing the culture,” and he is right. The decision by the Fifth Court of Appeals and U.S. Supreme Court not to grant an emergency stay that would have ...
Talking ‘Smack’ to SCOTUS on Roe v. Wade?
Jul 30, 2021 by David Fowler
Eighty briefs were filed with the United States Supreme Court by pro-life organizations and persons in support of Mississippi’s constitutional authority to ban all elective abortions after 15 weeks. My name went on one of those briefs as its au...
Getting My Pro-Life Advocacy Right-Side Up in SCOTUS Brief
Jun 25, 2021 by David Fowler
It has been building for a couple of years, but it hit me like a ton of bricks on Wednesday that the basis for my pro-life advocacy for the last 20 plus years has been predominately upside down and backwards. Thankfully, that mistake will not be ...
Abortion Was Not the Real Issue in Roe v. Wade
Jun 18, 2021 by David Fowler
Last month the U.S. Supreme Court decided to hear a case involving Mississippi’s ban on all elective abortion from and after fifteen weeks gestation. The options before the Court in terms of whether to affirm Roe v. Wade and Plann...
Can a Democratic Congress Protect Abortion if Roe is Overturned?
Jun 11, 2021 by David Fowler
The Washington Post ran a story this week headlined, “The Supreme Court may toss Roe. But Congress can still preserve abortion rights.” Assuming Democrats can get the votes in the U.S. Senate to enact the abortion-protecting leg...
My Prediction After State’s Oral Argument Defending Abortion Ban Laws
Apr 30, 2021 by David Fowler
Yesterday I listened to the oral arguments in the U.S. Court of Appeals for the Sixth Circuit over the correctness of federal District Court Judge William Campbell’s decision to prevent enforcement of Governor Lee’s abortion legi...
Upcoming State Legislation Will Separate the Sheep from the Goats
Mar 26, 2021 by David Fowler
In politics, a war takes place every primary election cycle among Republican gubernatorial and legislative candidates over who is the real conservative. In the general election, a more subtle war occurs between those who claim to be Christians...
The Link in Principle Between Mask Mandates and Roe v. Wade
Jan 28, 2021 by David Fowler
I have often quoted Alexis de Tocqueville’s statement that “if lights that guide us ever go out, they will fade little by little, as if of their own accord” and that “[c]onfining ourselves to practice, we may lose sight of b...
Commentary