Friday, September 2, 2022

Offsite Post: ‘Not All Court Decisions Must Be Obeyed’

 

After the last session of the federal Supreme Court ended, many conservatives seem to think that the federal judiciary is now a friend indeed.  But that emphatically is not the case.  The American Conservative has been detailing several SC decisions that need to be overturned, such as these two:

https://www.theamericanconservative.com/overturn-plyler-v-doe/

https://www.theamericanconservative.com/overturn-griswold-v-connecticut/

And Daniel Horowitz continues to expose federal court rulings that are forcing LGBT ideology on the States:

https://www.theblaze.com/op-ed/horowitz-courts-castration-human-right

All of which makes this essay written shortly before Dobbs still relevant to the current political situation.

***

On the eve of a potential breakthrough regarding the overturning of Roe v Wade, there is an unfortunate dust up amongst conservatives in Louisiana over a pro-life bill in the Louisiana House, HB 813 sponsored by Rep. Danny McCormick, which would classify an unborn child from the moment of conception as a human being and thus make any abortion a murder.

The Louisiana Family Forum has weighed in, questioning some aspects of the bill – its imprecise language, its violation of the separation of powers.  Those are issues worth debating.  However, there is one section in the statement made by Pres. Gene Mills that should not be debated but rejected straight away:


It violates the supremacy of U.S. statutes and U.S. federal court decisions under the U.S. Constitution. We believe in the rule of law, the Louisiana Constitution, and the Constitution of the United States, both of which legislators took an oath to uphold. HB 813 directs Louisiana to defy rulings of the U.S. Supreme Court. While we wholeheartedly disagree with the ruling in Roe, HB 813 is not a workable solution.

The upshot here is that Louisiana must obey ALL federal court rulings, no matter their congruity with State and federal constitutions, common law, ancient customs, Christian teachings, etc.  And furthermore, that disobeying unconstitutional federal court rulings is somehow an offense against the rule of law.

Such claims are not consistent with the view of the law that our forefathers handed down to us.  To begin with, the Supremacy Clause of the federal constitution makes it clear that only laws made in accordance with its provisions are to be accounted as having authority.  Which means that there can be laws/orders/ruling/etc. that are not made in accordance with them.  And when that happens the States are not to sit idle, as though they were helpless bystanders. 

Our forefathers taught us another way, a better way.  First, any federal edict that steps over the ancient legal boundaries is to be considered a non-entity.  Second, the States have not only the ability but the duty to stop the enforcement of such unlawful edicts.  The history of this tradition is recounted in J. J. Kilpatrick’s helpful book The Sovereign States.  Dr. Tom Woods is also a helpful guide.

Even so ardent a centralizer as Alexander Hamilton said of illegitimate federal acts, ‘These will be merely acts of usurpation, and will deserve to be treated as such.  But is that how Louisiana and other deeply conservative States treated Engel v Vitale (banning Christian prayer in public schools), or Roe, or Obergefell, or Bostock?  Did we treat them as ‘merely acts of usurpation’ and ignore them and fight their implementation in our respective States?  No.  We capitulated.

And what will be our answer at the final Dread Judgment of the Lord Jesus Christ when we must answer for the millions of murdered children; for the millions of those who were born but were then poisoned by demonic ideologies that led them to destroy their bodies and souls through sexual perversions and false religions? 

That we were bound to uphold the rule of law and were therefore prevented from acting in any significant way to prevent those great tragedies?

For such a flimsy and foolish answer, we will be swept like chaff into the fire.

 . . .

The rest is at https://thehayride.com/2022/05/garlington-not-all-court-decisions-must-be-obeyed/.

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Holy Ælfred the Great, King of England, South Patron, pray for us sinners at the Souð, unworthy though we are!

Anathema to the Union!

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