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/.
--
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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