Heaven’s recent gain in receiving the soul of Justice Anthony Scalia is America’s tragic loss. Justice Scalia, recognized by both friend and foe to be one of America’s top legal minds of all times, had been on the Supreme Court for almost 30 years. He was known for his brilliant defense of “textualism”—the belief that the U.S. Constitution is to be read, understood and applied in keeping with the language, syntax, and vocabulary of its text as it was intended by the framers. He argued against the liberal jurists who claim that the Constitution is to be interpreted as a living text which then can be made to mean whatever modern judges want it to mean, in light of modern days.
Roe v. Wade is a perfect example of what interpreting the Constitution as a living document will do: in 1973 seven justices who had a pro-abortion ideology found that the “penumbra” (shadow) of the Constitution incased a right to abortion.
Many through the years, even those who uphold abortion rights, realize that the Roe v. Wade decision was just bad law-making. Justice Scalia, referring to the decision said, “My view is that regardless of whether you think prohibiting abortion is good or whether you think prohibiting abortion is bad, regardless of how you come out on that, my only point is the Constitution does not say anything about it. It leaves it up to democratic choice. Some states prohibited it and some states didn’t. What Roe vs. Wade said was that no state can prohibit it. That is simply not in the Constitution.”
Not only will Scalia’s brilliant mind be missed, but his vote on the Court will also. With a 4-4 split on the Court, it means that, until Scalia is replaced, lower-court decisions will be allowed to stand. This will be good for closing abortion clinics in Texas. In Whole Women’s Health v. Hellerstedt, the high court will consider whether Texas House Bill 2 creates an “undue burden” for women to get abortions by requiring that abortion facilities meet certain health and safety standards. In an evenly split decision, which is now likely, the lower Court decision, upholding the law, will stand. In addition, Justice Kennedy, always considered a swing vote on the Court is very unpredictable, even in a case such as this one.
However, Scalia’s absence will be bad for the Little Sisters of the Poor’s lawsuit against Obamcare’s ridiculous and onerous demand that they purchase insurance which covers morning-after pills and other abortifacients for their employees, including their own nuns who have taken vows of chastity!
However it is better to lose some important cases for 11 months than to lose every important case for the next 30 years, which would be the likely result if President Obama is allowed to nominate, and have confirmed, a replacement of his choosing.
Be prepared for a political “Armageddon” these next eleven months as the President rants, raves, threatens, and boldly lies in trying to get the Senate Republicans to confirm the nominee which, with 100% certainty, will be one who will adamantly uphold Roe and likely join other liberal members of the Court who are willing to strike down even the meager protective laws we have been able to pass throughout the country.
Pro-abortion members of the Senate will howl that it is the Senate’s duty to quickly affirm Obama’s nomination. However, there is nothing in the Constitution that requires nine members, or any designated number, be on the Court. That is left to Congress.
Under President Tyler, a Supreme Court seat went unfilled for 835 days. In contrast, there would be 345 days between Scalia’s death and a new president, who can name his own nominee. The last time a justice was confirmed in an election year with a divided government, as we have today, was 1880. We can afford to wait.
Whether our constitutional Republic can even survive is at stake here. Whether unborn babies will ever have a chance at being protected again is at a critical mass. We were designed to be governed by the Constitution and not an oligarchy of robe-wearing dictators who re-write the Constitution until it’s in the shape they want.
My friends, this coming year, may be the most important year of your life, one that will determine the future for you and your children and grandchildren. You may need to work harder than ever before in your community. You may be called upon to write letters, make phone calls, speak up to our neighbors and friends, as well as other activities. We must push back against the pro-abortion’s clamor to put a new pro-abortion justice on the Supreme Court! We must remember HOW CRITICAL it is to elect a pro-life president!
The two Democrat presidential candidates have both sworn allegiance to abortion and in Hillary’s case, to Planned Parenthood. The Republican candidates are pro-life. Senator Cruz has even promised to filibuster should Obama’s nominee get that far. Having clerked at the Supreme Court in his career, he understands well the critical stage to which this country has come. May we also understand it also and work to save it! We owe it to Justice Scalia.
Thank you, Oregon Right to Life for helping us to learn how we can be involved, for helping us know what actions we can take, and providing critical information about opportunities to make our support known, and voices heard in critical moments like this, as we cry out for relief for the people, from these tragedies.