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“We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.”
JUSTICE SAMUEL ALITO
Last night one of the most shocking political developments in the last century went off like a bomb. A D.C.-based news outlet, Politico, obtained and published a leaked draft of a possible Supreme Court decision in the Dobbs v. Jackson Women’s Health case which would overturn Roe v. Wade and Casey v. Planned Parenthood. If this decision stands, it would mean the end of federally-protected abortion and the initial culmination of the last 50 years of work by the pro-life movement.
According to Politico, “The draft opinion is a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision — Planned Parenthood v. Casey — that largely maintained the right. ‘Roe was egregiously wrong from the start,’ Alito writes.”
Lately, many in the pro-life movement have been boldly proclaiming: “We are the pro-life generation.” That is, we are the generation that will live to see the end of the heinous crime of legalized on-demand abortion across the entire United States. This leaked draft shows us just how close to that reality we may be.
News like this can be a lot to process. So, here are three things that Christians should know about the leaked draft decision, and three things that Christians can do in response.
It’s important to keep this in mind at all times as you consider the news. As exciting as the possibility is that the final decision to overturn Roe and Casey may be drafted, we aren’t over the finish line just yet — not by a longshot.
However, it is a real draft. Its authenticity was confirmed by an official statement from the Supreme Court and Chief Justice John Roberts. The statement read, “Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case.”
Therefore, Christians should have tempered expectations and cautious hope. Remember, God is sovereign and omniscient. He controls all things and knows all things. God knows what the final ruling will be, and even as we wait in expectation, we can trust Him with the outcome, either way.
Justice Samuel Alito (the author of the draft) makes this very clear, stating, “We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
If issued, this decision would end Roe — a huge legal triumph. But what that means is the decision on the legality of abortion goes back to individual states (for the time being), just as it was before Roe.
Many states have already passed laws that effectively outlaw all abortions, like Oklahoma. Other states have “trigger laws” that will go into effect the moment Roe is officially overturned. NBC News reports that if Roe is repealed at least “23 states would institute bans, with ‘trigger laws’ on the books in 13 of those states.”
So, if this decision is indeed the final decision, it’s a big win for the pro-life movement and unborn babies in many states. But it’s not a final victory by any means. The fight for the rights and the life of the unborn pivots back to a state-by-state effort. And no one who is truly pro-life should be willing to rest until abortion is illegal in all 50 states.
It can often be hard for Christians to wrap their minds around how violent the Left in America really is — and how willing they are to do whatever it takes to secure their desired political outcome. This leak is a truly horrendous breach of decades of precedence. Constitutional scholar Jonathan Turley explained that “The alleged leak of the opinion in Dobbs v. Jackson Women’s Health Organization is nothing short of breathtaking. It would constitute one of the greatest breaches of security in the history of the Court.”
Not only is it unprecedented, but it was also almost certainly done with the end goal of putting enough pressure on one of the five justices most likely to concur with Justice Alito’s draft opinion to change their mind and their vote. By way of reference, the four other justices likely to join Justice Alito in a decision similar to the leaked draft are Justices Thomas, Gorsuch, Kavanaugh, and Barrett. Of course, it should be noted, that three of those justices were appointed by President Donald Trump.
If this was done by the Left, the leak is nothing less than a coordinated attempt to subvert our institutions and bend them to the will of radical progressive revolutionaries. In this case, the target is the Supreme Court. The Left has no respect for institutions or processes that don’t guarantee the outcomes they demand. Hence, they are already talking about eliminating the legislative filibuster in the Senate and packing the Supreme Court. At the end of the day, they don’t really care about democracy, but only about raw power.
The unprecedented leak of a Supreme Court draft decision to try to sway the Court to rule in favor of progressives by the threat of mob violence shows this: The Left in America is a post-constitutional and post-institutional party. Everyone on the Right, from Christians to conservatives to Chamber-of-Commerce Republicans, needs to realize this and respond accordingly, starting today.
Thankfully, Chief Justice Roberts committed to ensuring that their work goes on, unintimated and uninterrupted. He said, “To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way.”
Christians must pray for the Supreme Court and the integrity of this process. While Chief Justice Roberts said external pressure won’t affect their decision, that doesn’t mean it still can’t happen.
Christians should pray specifically for the courage and the safety of the five justices who seem willing to strike downRoe. Pray that the leaked decision is, in fact, the final decision. Pray for spiritual fortitude and moral courage from Justices Alito, Thomas, Gorsuch, Kavanaugh, and Barrett, that they would follow through with this ruling. Proverbs 21:1 reminds us, “The king’s heart is a stream of water in the hand of the LORD; he turns it wherever he will.” Pray that He would direct their hearts to uphold justice for the unborn.
We should also pray that all nine of the justices remember that they will ultimately give an account to God for how they steward the authority that He has entrusted to them. Ultimately, there is no excuse for any of the Justices to vote in defense of abortion, the pre-meditated murder of a human child. Sadly, we know at least three of the justices are entirely captured by a godless, secular worldview and subscribe to progressive judicial activism (Sotomayor, Kagan, and Breyer) and that Chief Justice Roberts has proven far too susceptible to the court of public opinion. Nevertheless, we should pray they remember that God is watching them; He is the one true Judge of all — and He will hold them accountable for how they rule. As Abraham once asked, “Shall not the Judge of all the earth do what is just?” (Genesis 18:25). Yes, He will.
Christians should take the time to read the entire decision for themselves. You can find it here. It’s worth the effort because it will equip you to defend the pro-life cause and dismantle pro-abortion arguments.
In the decision, Alito comes out of the gate swinging. He argues, “We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision” (page 5).
Later he argues that “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division” (page 6).
Alito reminds his readers how Roe thoroughly usurped the regular democratic process when it comes to law-making in America, noting, “Until the latter part of the 20th century, there was no support in American law for a constitutional right to obtain an abortion. Zero. None. No state constitutional provision had recognized such a right. Until a few years before Roe was handed down, no federal or state court had recognized such a right. Nor had any scholarly treatise of which we are aware” (page 15).
He also reminds us that “Not only was there no support for such a constitutional right until shortly before Roe, but abortion had long been a crime in every single State” (page 15).
Early reporting on the opinion indicates that it is strong and comprehensive and totally dismantles the horrible logic and precedent set by Roe. Constitutional lawyer and Sen. Josh Hawley, R-Mo., tweeted high praise for the draft: “I will say, if this is the Court’s opinion, it’s a heck of an opinion. Voluminously researched, tightly argued, and morally powerful.”
Ramesh Ponnuru, an editor at The National Review, argued, “If this draft Alito opinion holds, it is a great advance for human rights and democracy in our country. Protection of the weakest and most vulnerable human beings will no longer be pit against our fundamental law. Alito’s opinion is right again and again: about the phoned-in quality of Roe’s logic, about its phony history, about the cobbled-together precedent doctrine of Casey.”
If you don’t have time to read the full decision, you can read “10 key passages from Alito’s draft opinion, which would overturn Roe v. Wade” here. Either way, you should familiarize yourself with the main arguments in the decision in order to be equipped to address the issue from an informed perspective.
Christian must understand the times and respond accordingly — and that means joining the fight. As John Wesley Reid, senior editor for the Standing for Freedom Center, recounted in his summary of Chief Justice Robert’s recent press statement, the response from leading Democrats, such as President Biden and Senate Majority Leader Chuck Schumer, has been chilling. They are doubling down on their rabid support for abortion up until the moment of birth. There is no doubt about it — if they had the votes to pack the Supreme Court with more progressive justices, they would do it in a heartbeat.
Sometimes Christians are not as shrewd as they should be when it comes to political matters. This leaked draft shows us that we are truly in the endgame when it comes to the fight to overturn Roe v. Wade and remove the national stain of a 50-year political hallucination which found, ex nihilo, that the Constitution contained the right to kill an unborn child. This madness has cost over 60 million lives. There’s no middle ground here.
In light of this, the Democrat party is going to fight like hell — literally — to prevent anyone, including the Supreme Court, from infringing upon their ongoing bloodlust. I say like “hell” because the Democrats and the demons are cheering for the same outcome here — the continuation of the uninhibited right to practice child sacrifice in America.
Catholic philosopher Peter Kreeft put it starkly: “Abortion is the Antichrist’s demonic parody of the Eucharist. That’s why it uses the same holy words, ‘This is my body,’ with the blasphemously opposite meaning.”
He’s not wrong. In fact, in Leviticus 20:1-5, the Bible makes it clear that child sacrifice is a pagan ritual done in service to a demon god. God says to Moses, “Say to the Israelites: ‘Any Israelite or any foreigner residing in Israel who sacrifices any of his children to Molek is to be put to death. The members of the community are to stone him. I myself will set my face against him and will cut him off from his people; for by sacrificing his children to Molek, he has defiled my sanctuary and profaned my holy name’” (Leviticus 20:2-4).
Then, in Jeremiah 19:4-5, God denounces the Israelites for having “filled this place with the blood of the innocent. They have built the high places of Baal to burn their children in the fire as offerings to Baal—something I did not command or mention, nor did it enter my mind.”
The point is this: Abortion is not just a mere political flashpoint in America. It’s not just a topic that Christians can “agree to disagree” about. No, abortion is the most treasured idol of the pagan religion of the sexual revolution. It’s modern-day child sacrifice, referred to by many of its proponents as “sacred.” It is their twisted version of a sacrament. Fueled by the flames of hell, abortion activists and the Democrat party won’t let this go quietly without a fight.
So, Christians need to respond accordingly. First and foremost, this means refusing to offer any support for Democrats and to quit acting as if Christian freedom allows for those who claim the name of Christ to vote for pro-abortion politicians.
Russ Vought, a former Cabinet official under President Trump and public Christian figure, put it like this: “Democrats want unlimited abortion at any moment for any reason funded by American taxpayers. It’s written in their platform & every Dem Senator except Manchin voted for it a few months ago. You are lying to yourself if you think you can uphold the sanctity of life thru that party.”
The time for pretending that the Bible doesn’t draw clear lines or have binding teaching on the issue of life versus the murder of the unborn is well past. Woe to any pastors or public theologians who pretend otherwise.
Christians must also prepare for a battle. I’m as hopeful as anyone that Roe gets overturned. But I’m not naïve — and you shouldn’t be either. Conservatives and pro-lifers need to get ready for a coordinated barrage against this possible outcome like we’ve never seen. This was planned. The leak was just Action Item No. 1 on what is surely a long list to wreak havoc on our nation for the unpardonable crime of saving babies — so buckle up.
This is the heat of the glorious culture war and we should revel in it and rise to the occasion. The blowback from the Left is going to be something fierce. As Christian writer Abigail Dodds remarked, “Turns out the culture war is about actually rescuing the dying—both physically and spiritually. But we’ve known it. We’ve lived it. Which is why we know that the unwillingness to fight is its own form of deadly rebellion.”
Make no mistake, the pro-abortion machine will seek to use whatever lever or mechanism they can to ensure that the draft decision is not the final decision. Christians must respond with similar energy.
This means calling your congressman and your senators. This means preparing to organize and be engaged in the upcoming midterm elections. This means donating to good pro-life organizations that are committed to bringing about the complete and final eradication of abortion in our nation. We cannot sit back and coast after this leak — we must redouble our efforts towards the goal of securing and protecting the right to life and liberty for all American citizens, including the unborn.
Politics isn’t a “dirty word” for the Christian. It’s simply how we faithfully live out our calling to bring every square inch of the public square under the rule and reign of Christ the King — even as we know He reigns already. All Christians must be willing to roll up their sleeves and get to work, seeking to have and wield political power for the ends of all that is true, good, and beautiful.
As a father of three, I speak from experience when I say that few things in this life are as true, good, and beautiful as the life of a precious child in the womb. And that life is worth fighting for.
Knowing is half the battle. Fighting it is the other half. Now that you know what’s going on, it’s time to put the knowledge into action. Prove yourself faithful at the point of fiercest battle, going into the fray with courage and a smile, as we obey our God and Savior in the command to “Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy” (Proverbs 31:8-9).
The fight for life is the fight of our lives. Are we the pro-life generation? We are about to find out.
Follow William on Twitter! @William_E_Wolfe
