Commentary

In a shocking development, the DC press leaked a draft opinion circulating in the chambers of the U.S. Supreme Court which lays waste to the evil charade of Roe v. Wade.  While many have thought it possible, the reality that the Court might actually be ready to discard a “right” to abortion is causing grave consternation for many.

And one can be allowed some compassion for people who have been lied to for generations.

We, on the other hand, are overcome with exhilaration and a different kind of emotion.  The reality of this sea change is almost too grand to believe.  And, yet, it makes perfect sense given the fact that the Court made it clear from the beginning that it took the Dobbs case to look at one issue: viability.  This is the core legal fabrication of Roe, like a Jenga piece in the middle of the stack.  Pull that piece out, admit that this is legal and moral garbage … and the stack falls.

Through God’s grace, Idaho Chooses Life was able to file an amicus brief in the Dobbs case.  Our brief focused its fire on this key concept and conclusively demonstrated that the Supreme Court sullied itself by relying upon such a falsehood in order to sell the American people on the idea of killing preborn children as a matter of constitutional right.  The integrity of the Court, and our entire legal system, has been grossly compromised over the past half-century in order to prop-up the idea that human babies can be protected (somewhat) by the law only after they achieve some magical state of “viability”.  It defies reason and science.  It chafes the conscience. Babies don’t become human beings at “viability”, any more than they become a human being at birth.

Of course, we have not yet seen the actual reversal of Roe.  There are stories that the Supreme Court once before arrived at this point – in 1992, when deliberating the Casey lawsuit.  At the last moment one justice changed his mind.  That forced O’Connor to redraft the opinion, resulting in the mish-mash that is Casey. 

No doubt the clerk who decided to undermine the highest court in America by publicly releasing this draft was motivated by the belief that he/she could force the majority to reconsider its drive to overturn Roe.  We must be in earnest prayer that the majority resists any temptation to pander to the angry mob now gathering on the front steps:  Let the rule of law be defended, and the Constitution be restored to its grandeur!

The wisest course is for the Court to expedite its ruling and uphold the integrity of its deliberations.  Get on with it and let the earthquake hit the American culture with full force so that we can begin the long road to rebuilding a more just society.

Thankfully, Idaho is already well-positioned to defend preborn babies and their families.  In 2020, the Idaho Legislature passed our Trigger Law (SB1385).  That bill was signed into law by Governor Brad Little.  It will criminalize almost all abortions from conception – within 30 days of the final certification of a Supreme Court decision.  We may see a summer of LIFE in Idaho! Abortionists will face prison time – not just lawsuits – for destroying innocent lives.  The law allows for very narrow exceptions – rape, incest and life of the mother – but lays a legal burden on the abortionist to do everything possible in those cases to save the baby.  In the case of rape and incest, the abortionist cannot proceed without first obtaining legal documents proving that formal cases have been opened with a police department or the Idaho Department of Health & Welfare.

May God bring us the victory over evil so long desired by His people.