OPINION: Why States Like Alabama Should Defy the Judiciary

A view of the state capitol on March 6, 2015 in Montgomery, Alabama. March 7 will mark the 50th anniversary of Bloody Sunday when civil rights marchers attempting to walk to the Alabama capital of Montgomery for voters' rights clashed with police. The march from Selma to Montgomery was part of the plight to end voting discrimination against African Americans. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)

Written by Elizabeth Johnston (The Activist Mommy)

In almost every arena where conservatives are fighting the cultural Marxists’ relentless attack against our constitutional freedoms, the judiciary is leading the charge. In the arenas of education, marriage, pornography, transgenderism, and abortion, it’s usually a judge giving the orders.

The Left will often try to impose socialism, legal sodomy, and child-killing by way of the democratic vote, but if that doesn’t work, they’ll just as quickly defy the democratic consensus and impose their secularist dictates by judicial fiat.

That’s what the judiciary did on October 29 when U.S. District Judge Myron Thompson overruled an Alabama abortion ban that was to go into effect on Nov. 15, declaring that it “defies the United States Constitution… Alabama’s abortion ban contravenes clear Supreme Case Court precedent.” He further wrote in his 17-page opinion that the abortion ban “violates the right of an individual to privacy, to make choices central to personal dignity and autonomy. It diminishes the capacity of women to act in society, and to make reproductive decisions.”

Has Judge Thompson forgotten about the preborn child’s reproductive decisions? What about the rights of the one million children with beating hearts and measurable brain waves slaughtered annually in U.S. abortion clinics? Where is this “right to privacy” in the U.S. Constitution anyway, Judge Thompson? Do I have a right to murder an infant in the privacy of my own home? Do I have the right to murder a judge in the comfort of my own home? Where in the Constitution do citizens get the right to kill any innocent human being? Doesn’t the Constitution say that no person shall be deprived of the right to life without due process?

In 1973, the Supreme Court by a vote of 7-2 overruled all state abortion restrictions and legalized the murder of babies in the womb. States must comply, we are told, because it’s “the law of the land.”

What fools we are!

Religious conservatives have confused “the law of the land” with “the lawlessness of the land.” The legalization of the mass murder of babies can never be binding law. The Nuremberg trials proved this.

When the Nazi mass murderers argued that what they did was legal when they did it, the Nuremberg judges uniformly admitted a truth that we must again affirm today: there is a law that transcends the opinions of men, and it is a law rooted in the conscience and founded upon the immutable and eternal law of God.

Robert Jackson, chief U.S. Prosecutor at the Nuremberg War Crimes Tribunal, said, “We do not accept the paradox that legal responsibility should be least where the power is the greatest… A King is still under God and the law.”

The lead British Prosecutor at Nuremberg, Hartley Shawcross, said, “There comes a point where a man must refuse to answer to his leader if he is also to answer to his conscience.”

Hitler and the Nazi party judges were wrong, and their dictates were not binding. Those who obeyed Nazi lawlessness camouflaged as “law” were not justified, but condemned. Some of them were hung by the neck until dead. Conscience and the law of God trump tyranny, Nazi judicial precedence notwithstanding.

Judicial precedent would have kept slavery legal in the United States to this very day. But, thankfully, state leaders in Ohio and Wisconsin judged the Supreme Court’s Dred Scott decision and Congress’ Fugitive Slave Act to be immoral and unconstitutional. They didn’t commence a strategy to get the right kind of politicians elected in order to get the right kind of judges appointed to one day finally overturn those lawless federal laws and court decisions. Nope. They didn’t dare pretend those lawless, slavery-justifying decisions were anything but crimes. Ohio and Wisconsin didn’t need to overturn them; they needed to defy those lawless federal decisions and protect African Americans from their whip-wielding rapists and abusers. And they needed to do it immediately! Delayed justice is injustice, and Ohio and Wisconsin weren’t giving cover to D.C.’s tyranny by acting like their dictates were lawful or binding. Today we thank God that Ohio and Wisconsin defied the feds and protected the slaves.

It’s time for some more defiance of lawless federal judicial decisions. It’s time for a courageous governor to protect the innocent babies in his/her jurisdiction by defying the lawless ruling of Roe v Wade. It’s time to ignore Roe and obey the Constitution. Lives are on the line. Is there not a cause?

Did you know that many states, at this very moment, are defying the federal judiciary? In 2001 and 2005, the Supreme Court insisted that states shall not violate federal policy with regard to medical marijuana. Yet thirty-three states and Washington, DC, have passed laws legalizing marijuana anyway! Eleven states dared to legalize it for recreational use. Most other states allow for limited use of medical marijuana. All of this is in defiance of clear judicial precedent. CCed

If only pro-life state leaders and pro-life organizations wanted to protect the preborn as much as potheads wanted to smoke pot! Is it wrong to expect pro-life politicians to be at least as committed to human life as potheads are committed to their pot?

Alabama Governor Kay Ivey does not have to obey Leftist federal judges when they perpetuate child-killing in her state. Judge Thompson is usurping the U.S. Constitution and has no right to suspend Alabama’s abortion ban. Alabama leaders should defy black-robed tyrants and do their duty to protect innocent children in their lawful jurisdiction. History books will not applaud the last four decades of pro-life cowardice.

Elizabeth Johnston is the bestselling author of Not On My Watch and the viral, grassroots-movement-creator of Activist Mommy, Day of Mourning and Sex Ed Sit Out. As a homeschooling mother of ten children, her viral Activist Mommy blog and 70 million video views have launched Elizabeth as a thought leader on issues of importance to families and people of faith.