There has been a news release that the Supreme Court of the United States (SCOTUS) is going to overturn Roe.
If this is true, the most important thing to learn from the last 49 years is that this bloodshed should not have been tolerated by the governments of men. It is an abhorrent crime and detestable cowardice that all the other governments of men blithely obeyed SCOTUS and allowed the savage butchery of the preborn to go on in their states, their counties, their cities.
Their duty from the very beginning was interposition. They should have stopped the murder from taking place back in 1973. Instead the governments of men hid behind the lie “The court has ruled – all we can do is obey.”
Judicial supremacy is a lie. America’s founders never expected there to be a final arbiter of all constitutional questions to which all other branches were to submit. As Thomas Jefferson penned in defiance of judicial supremacy, “The Constitution has erected no such single tribunal.”
SCOTUS does not have supremacy over the Constitution. The supremacy clause is Article 6 paragraph 2 and it shows clearly it is the Constitution itself that has supremacy. SCOTUS and the federal judiciary are not even mentioned.
All government officials take an oath to uphold the Constitution – Article 6 paragraph 4. They do not take an oath to uphold immoral or unjust court opinions issued by SCOTUS. It kills me to hear government officials say the Court is now giving them permission to protect the preborn. They never needed their permission to do so – they always possessed the right and duty to protect the preborn.
The founders would have found this whole half-century debacle and blithe compliance by the governments of men absolutely intolerable because they viewed unchecked power in any hands to be intolerable. They pillared for America a true federalism. In a true federalism you have multiple levels of government and multiple branches on each level, so that if one branch or branches begins to play the tyrant – another branch or branches would interpose and check that branch or branches.
They pillared this federalism because they held to a Christian view of the nature of man – that he is wicked and in need of a Savior, namely Jesus Christ. Therefore they did not want power to reside in the hands of one man or a small group of men.
The number one boilerplate question to ask anyone running for public office is – “What do you believe about judicial supremacy?” We must end this blithe compliance to SCOTUS and the federal judiciary.
For nearly five decades not a single state government in the union interposed and checked the lawlessness of the Supreme Court in the face of murder. 70 million babies have been slaughtered.
Under the same blithe compliance, the filth of homosex has been poured out through the Court upon this nation.
Under this despotism of an oligarchy, we are only a court opinion away from all being told the government can put into our bodies whatever they decree. And all the governments of men will blithely comply.
Understand the pro-life, pro-family groups have aided this attack on federalism and promoted the lie of “The courts have ruled – all we can do is obey.” They have asked the tyrant to give them scraps off their table for decades, all while the preborn were savagely butchered.
If Roe is overturned, the politicians will no longer be able to hide behind the skirt of the Court. And people are going to be shocked at how the majority of their GOP politicians behave. Many will demonstrate treachery towards the preborn by watering down any laws said to protect them.
As one friend wrote to me: “We will now see who the true Republicans or pro-lifers are as it will be up to each state to abolish and ban abortion. They will have no excuse now.”
Understand, if SCOTUS does overturn Roe, it does not mean that abortion will be illegal everywhere in the United States. It simply means each state must decide laws regarding abortion.
The leaked opinion by SCOTUS states – “We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
The truth is it never left the “elected representatives” hands.
It is sad we waited on the Court itself to agree that Roe was never constitutional law, nor did we have to wait. 50 years of disobedient magistrates and Christians have cost many lives. The fiction of judicial supremacy kept so many from protecting human life.
Now – no more incrementalism. Now – we strike down the murder completely. No exceptions.
The fight is far from over.
America is covered in innocent blood. God’s judgment is just. We are not going to just walk away from this with an evening rally and a latte.
Matthew Trewhella is the pastor of Mercy Seat Christian Church (MercySeat.net), founder of Missionaries to the Preborn (MissionariesToThePreborn.com), and author of the book The Doctrine of the Lesser Magistrates: A Proper Resistance to Tyranny and A Repudiation of Unlimited Obedience to Civil Government (DefyTyrants.com). He and his wife Clara have eleven children and reside in the Milwaukee, Wisconsin area.