(LifeSiteNews) – The leaked draft majority opinion of Justice Samuel Alito is setting the country afire as intended. The unexpected disclosure of the Supreme Court’s intention to overturn Roe v. Wade allows the rabid left time to mobilize in defense of procured abortion. It is intimidating the public with threats of violence and “outrage.”
Of course, the present debate is not about Justice Alito’s opinion. Most abortion activists probably have not read it. However, they do understand the harm it will do for their cause and spin the debate to reflect its dramatic talking points.
Likewise, most pro-life Americans also have not labored through the 98-page document. They, too, know what the decision means for their cause. However, most have no illusions that the document is the bare minimum that might be expected from these judges. They know it will not stop abortion but understand that it can be a significant step toward that goal. If finally published, it could also be a massive psychological blow to the abortionist cause worldwide.
Both sides know that the document is not what it appears to be. However, they realize the symbolic value of the opinion and its powerful impact on the public. For the first time, the opinion shows that Roe v. Wade is not settled law in the eyes of SCOTUS. It forces the pro-abortion side to admit that this miscalled “right” can be reversed. Whoever wins this symbolic battle wins the war.
The problem with weak and shaky originalism
Two irreconcilable legal perspectives are at issue. The left denies the existence of a moral law. It thus rejects any restrictions upon an individual, even when represented by an innocent child in the womb. The pro-life position affirms a universal moral law, which declares that taking innocent human life is always and everywhere murder and must therefore be forbidden.
READ: Nebraska governor will call for special session to ban abortions if Supreme Court overturns Roe
The Alito opinion does not enter into this debate of moral perspectives but merely points to it.
The problem with Justice Alito’s opinion is that it is based upon a weak, shaky originalism, which is not a threat or victory to either side. The opinion rightly condemns Roe v. Wade as a poorly constructed law. However, it is an almost technical objection that does not enter into the moral right or wrong of the issue.
The justice’s position suffers from an unwillingness to return to the West’s long higher law tradition. He stays inside the false security of positive man-made law that can change with time. He avoids the solidity of a God-given natural moral law valid for all times, places and peoples based on an unchangeable human nature.
Such a shallow position resolves nothing. The justices need to have the courage to return to the natural moral law.
Abortion is not settled law
The merit of the released draft opinion is that it humbly acknowledges that Roe v. Wade is bad law. Even liberal jurists have admitted this over the years. The majority draft had the courage to proclaim that procured abortion is not “settled” law.
Justice Alito further apologizes by admitting that the Supreme Court is to blame for this bad law that has polarized the county. He states that only the Court can fix the grave mistake that has taken so many lives over nearly half a century by overturning Roe. Twice, Justice Alito says that Roe “was egregiously wrong.” This is a first and welcome SCOTUS mea culpa.
In the aftermath of the leak of the Supreme Court majority opinion draft overruling Roe v. Wade, lawless vandals backed by the abortion lobby and pro-abortion politicians have launched riots and violent attacks on pro-life entities across America, from pregnancy centers to churches, and even targeted Justices' homes.
This widespread, organized effort not only sets a dangerous standard for how groups and individuals may opt to stage demonstrations going forward, but begs the question of how the pro-abortion crowd would behave if and when the Supreme Court officially overturns Roe later this summer.
And, worst of all, the White House has largely turned a blind eye to these riots, with Joe Biden -- who at one time claimed to be personally opposed to abortion due to his Catholic faith -- now acting as the foremost advocate for unfettered abortion access in America.
Biden's nonexistent response must be addressed, and the White House needs to know that the American people demand better from their supposed "leader."
Please SIGN and SHARE this petition calling on Joe Biden to stop beating around the bush and finally issue a formal statement condemning the violent riots and attacks on pro-life institutions across our country in the wake of the leaked Supreme Court majority opinion draft overturning Roe v. Wade.
Over Mother's Day weekend, pro-abortion attacks broke out across America, with increasingly depraved activists targeting pregnancy centers, pro-life advocacy organizations, and churches with either disruptive demonstrations or, in some cases, vandalism and outright violence.
Among the most barbaric occurrences was the vicious attack on Wisconsin Family Action, a pro-life group headquartered in Madison, where vandals threw a Molotov cocktail into an office window, started a fire on one of its walls, and left a threatening graffiti message reading "If abortions aren't safe then you aren't either."
Review a FULL LIST of other appalling attacks HERE.
They even descended upon the homes of Supreme Court Justices like Samuel Alito, Brett Kavanaugh, and Chief Justice John Roberts, who appear poised to formally issue the final blow to Roe v. Wade in the coming weeks, after publishing a map with their private addresses.
The case, which was decided nearly 50 years ago in 1973, saw members of the bench fabricate a constitutional "right" to abortion, depriving individual states from crafting their own laws to protect life. However, should Roe, as expected, be overturned, the matter of abortion would be returned to the states, where it always belonged, giving lawmakers the ability to propose legislation that would either place strong restrictions on the procedure or, in some cases, ban it outright.
And while, of course, freedom of speech must be protected and defended for all Americans, demonstrations that devolve into vandalism, rioting, the use of intimidation tactics against members of the judiciary (or anyone else, for that matter), or violence in any form must NEVER be tolerated.
But the White House seems to be taking a different approach...
It wasn't until Monday afternoon that Press Secretary Jen Psaki finally acknowledged the threat posed to Supreme Court Justices by out-of-control pro-abotion activists, claiming that "judges perform an incredibly important function in our society, and they must be able to do their jobs without concern for their personal safety."
This is true, but it took Psaki an entire week to make any semblance of a definitive statement about the White House's position on this urgent matter. In fact, Psaki previously refused to discourage the targeting of Justices' homes when asked, insisting that pro-abortion groups were staging "peaceful protests" instead; she even failed to condemn the leak itself -- an unprecedented breach of trust and rejection of institutional norms that could permanently damage the standing of the court and its ability to function as an apolitical body.
And, of course, Joe Biden, himself, has been virtually silent on the matter, failing to effectively speak out against these riots and reassure the American people that those who seek to vandalize property and perpetrate violence will be held legally accountable for their actions by the Department of Justice.
This is entirely unacceptable behavior from a commander-in-chief, and as political allies like Chicago Mayor Lori Lightfoot (rather ironically) incite insurrection by labeling the Supreme Court's pending decision a "call to arms," the American people must demand that Joe Biden clarify where he stands, and whose side he's really on.
The rule of law must be upheld and applied equally, and that means calling out radical anti-life rioters and ensuring there are consequences for their violent outbursts and destruction of property across the country.
Please SIGN and SHARE this petition calling on Joe Biden to condemn these rioters, and direct the U.S. Department of Justice to take action that will hold them accountable for their actions under the law.
FOR MORE INFORMATION:
'‘Rise up, fight back’: Pro-abortion protesters descend upon Justice Alito’s house over imminent abortion ruling' (LifeSiteNews)
**Photo Credit: Shutterstock
In the Catholic judge’s words: “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roeand Casey have enflamed debate and deepened division.” (p. 6).
Later on, Alito reaffirms this, saying, “Roe was . . . egregiously wrong and deeply damaging. For reasons already explained, Roe’s constitutional analysis was far outside the bounds of any reasonable interpretation of the various constitutional provisions to which it vaguely pointed” (p. 40).
An unjust law is no law at all
In pointing out Roe’s errors, the Supreme Court Justice reinforces the legal maxim lex injusta non est lex, i.e., an unjust law is no law at all. Having originated with Saint Augustine, the expression was expanded upon by Saint Thomas Aquinas. It proclaims that the purpose of law is to uphold justice for the benefit of the people being governed.
An unjust law defeats the purpose of law and therefore conspires against it. This logical view corresponds to the natural moral law.
READ: Justice Thomas: Supreme Court fundamentally changed by broken trust of leaked Roe opinion
The humble apology offered on behalf of the Court can serve as a first atonement for a national sin that gravely offended God and deeply stained America’s honor.
However, much more is needed. An unjust law can never be settled law. The Justices need to do more. They must drum up the courage to enter into the great moral battle at the explosive center of America’s Culture War. They must abandon the amoral, relativistic, and secularist fiction of originalism that allows for half-solutions.
As leaked, the Alito majority draft will uphold abortion bans in half the states while recognizing the legality of post-birth abortion in others. The Court’s cowardly omission to condemn the moral wrong of procured abortion only aggravates the nation’s problems.
SCOTUS must embrace lex justa. Anchored in the higher natural moral law, a just law is and will always be true law.