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October 2020

Man is made to talk. From birth, babies cry to tell us that they are hungry, cold, or just cranky from hours of squeezing through a rather narrow canal. Crying continues for months, sometimes much to their sleepy parents’ chagrin. It’s the best an infant can do. But in a relatively short time, those cries start changing into other sounds that start sounding like words. Then it’s off to the races.

We communicate in many ways. Currently, there are 171,476 English words to choose from, with another 47,156 obsolete words available. Who knows? “Forsooth” may come back any day now.   We don’t always need words. Some people use sign language or Braille to communicate. We develope different codes, even pig-Latin. And then there’s the dodge, the non-answer that is an answer. When mom asks, “Where did you go so late last night?” and son answers, “Out,” she can figure that he was up to no good.

In the last month, Democrat nominees Joe Biden and Kamala Harris have been repeatedly asked whether, if elected, they will “pack”—add additional members—to the Supreme Court of the United States—SCOTUS for short. For weeks and weeks, they dodged answering the questions. Then came Biden’s comment that he’s “open” to packing the SCOTUS. Now he’s refusing to answer until 180 days after he’s elected president, during which time a bi-partisan committee will make recommendations. It’s a political a non-answer. He has avoided an answer because he well knows how dangerous the answer is for the country.

The Supreme Court, one of the three co-equal branches of federal government, is as old as the Constitution itself.   The Constitution’s article III vests all judicial power in the Supreme Court and in those lower courts Congress creates by law. Judges serve on the federal courts, including SCOTUS, “during good Behavior.” It means that so long as they stay out of trouble, they may hold their seats for life—as many do.

Unlike the president and members of Congress, federal judges do not run for election. There is a very important reason: the Constitutional fathers wanted them to be focused on making legally correct decisions. The fathers did not want them to be thinking how their votes on cases might affect their chances for re-election. Deciding cases is hard enough without the added pressure of politics.

Although the Constitution provides for an independent judiciary, there’s a loophole. The Constitution does not set the number of justices who may serve on SCOTUS. Congress does that. As can be expected, it allows politicians to play politics. The number of justices has changed a few times. In 1869, Congress set the number at nine, where it has remained. In the 1930s, President Franklin Roosevelt, eager for SCOTUS to uphold his New Deal legislation, tried to raise the number to 15. An alarmed Congress shot down his plan.

Acting as an independent judiciary, over the years SCOTUS has rendered decisions that have greatly impacted our country for the good. It has done so by recognizing the rights that the Constitution gives to “We the People,” and by upholding the limits the Constitution places on government, including SCOTUS itself. The Court has made mistakes along the way, but it has also shown the ability to correct them over time.

Which leads to Roe v. Wade. In 1973, a majority group of justices wrongly grabbed for themselves power that the Constitution had vested in the People: the right to determine, state by state, the rules of human morality by which its citizens will live. In Roe, SCOTUS overturned every single abortion law in the country. Constitutional scholars, even those believing in abortion as a matter of policy, have recognized that the Court had far overstepped its limited role.   It has led to the legalized killing of over 62 million human beings in the U.S.

And to a Grand Canyon-sized division in our country. We became divided because decades ago, Democrat leadership realized that there was political profit to be reaped in supporting abortion. Their leaders are hell bent on gaining and keeping power, even at the expense of innocent life. They will do anything, anything to protect Roe from being tossed into the trash heap, there to be forever known as the Supreme Court’s greatest mistake.

With the confirmation of Amy Coney Barrett to SCOTUS, the Court may be ready to do just that. The votes are there to return the power back to the People, and Joe Biden knows it. He is more than willing to pack the Court with justices who see things his way on abortion. Biden has said so, and directly: he will only nominate justices who support abortion. How quickly he forgets why we formed our country in the first place. In the Declaration of Independence, our founding fathers listed King George’s appointment of judges to do his will as a reason they broke from England. To our founders it was an act of tyranny, plain and simple.

As it will be now. Packing the Court to protect Roe from its rightful place in history is an exercise in tyranny. How many more million innocent unborn must die—no, will die—so that the Democrats can hold power? The answer: as many as We the People are willing to let die. We should be enraged that the Democrats so thirst for power that they would forever enslave the unborn in order to drink of it. We must be better, and do better, than that.

We are thisclose to giving the unborn their best chance in decades to actually have a right to live as God intends. At the same time, we are thisclose to living in a tyranny where the will of the People means almost nothing—and the lives of the unborn mean even less. It is our choice. On November 3, choose we will.

 

Paul V. Esposito is a Catholic lawyer who writes on a variety of pro-life topics. He and his wife Kathy live in Elmhurst, Illinois and have six children.

© Paul V. Esposito 2020. Culture of Life. Permission to copy and distribute for pro-life purposes is granted. Visit us at http://www.the-culture-of-life.com/ and on Facebook.

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