What the white Evangelicals really want

U.S. News & World Report photo

It’s all about abortion. Everything we’re witnessing with the Presidency of Donald Trump and his fervent – almost fanatical – support from white Evangelicals is, in the end, about abortion. You can add prayer in schools and display of the Ten Commandments, but the biggie is abortion. These issues have in common one thing – they became issues due to Supreme Court rulings – and the possibility of “fixing” these decisions through a more conservative Supreme Court is what allows certain Christians to look the other way through everything else about Trump, his character, and his dictatorial management of the government.

The “think” is that God put Trump in office, so that decades of cultural shifting to the left can be corrected. It’s a trap, an illusion seized by perhaps well-intended and exasperated people who long for what they think were better days. In their zeal to this end, they’ve become pawns in a bait and switch effort by the haves to seize the moment for themselves.

Here’s a simple description of what the (mostly white) Evangelicals want from a very good BBC report on the matter:

For decades the US Supreme Court – America’s highest legal authority – has been finely politically balanced. “The Nine” include four liberal voices, four conservatives, and one swing vote.

The idea, of course, is that changing the ideology of the high court will change the culture for at least a generation, but this is a very deceptive perspective. That’s because the underlying issue is the concept of case law, where legal precedents established through court decisions actually become law. Conservatives like to use the phrase “strict Constitutionalist” as a litmus test for court appointees. It’s a euphemism for “legislators make laws, not judges,” and while an argument can be made that case law isn’t in the U.S. Constitution, it doesn’t follow that our judicial system will ever rule against the idea that precedent is a factor in the judging of cases. And as long as our legislative bodies are dominated by lawyers, it’s nearly impossible to achieve any change through legislation. A conservative lawyer, after all, is still a lawyer. Never forget that.

Another phrase that conservatives use is “legislating from the bench,” which is just another way of saying the judicial system should not be “making” law. Wash. Rinse. Repeat.

So, if judges shouldn’t be making law through precedent, what is their alternative? I got a deep education on this from Pat Robertson and the faculty of CBN University’s law school during my time as producer of The 700 Club in the 1980s. The alternative is that courts only make rulings on the individual cases before them and that no precedent ruling can be considered. Verdicts are decided on the merits of the case, period. If the issue is so important as to require the creation of law, then that is a matter for our legislative bodies, for they are our elected representatives, according to the Constitution.

However – and here’s where it gets a little nuts – if this is the basis for their argument, then why the need to shift the ideology of the court? After all, if rulings are limited only to the cases before them, then why worry about their ideological make-up influencing culture? Could it be that abortion is merely an emotional appeal for conservatives who wish really to influence culture on behalf of their true beneficiaries, the haves who control everything in the first place? Donald Trump has not influenced the outcomes of the high court, but he certainly has done well for the billionaires who dwell in the high places.

Nathaniel Rachman of the Oxford student paper, OxStu, published an insightful piece with the headline “The spectre of a conservative Supreme Court is a fantasy,” in which he notes that the ideology of the court has had little to do with the important issues that conservatives want fixed anyway:

Even if the court’s judges remain solidly conservative however, they can still produce the occasional surprising decision. Clarence Thomas, the court’s most fanatical conservative, recently helped strike down an attempt to suppress black voters in North Carolina, while Neil Gorsuch is now facing Trump’s criticism after rescuing the liberal justices in their attempts to strike down a vague immigration law. Sometimes such defections can be transformative; when Obamacare, the central prop to the US healthcare system seemed fatally threatened, the Chief Justice John Roberts saved it, and when the court found a fundamental right to same-sex marriage, it was Anthony Kennedy who authored the 5-4 opinion. Roberts’ court is concerned with how the world looks upon it, and the chief justice is keenly aware of the shadow of history looming over him. The reputation of his bench is vital to him. Even if Trump appoints a consistent hardliner, he has no guarantee that the rest of the court would not shift in response, fearing a legacy that will go down in infamy.

This is the problem when ideology attempts to shift the culture through managing it from the top. The culture isn’t shifted by ideology; it’s shifted by people and the energy of their social movements. Therefore, issues eventually finding their way to the high court isn’t by chance, and it’s nowhere near as simple as the right wants to make it sound.

Besides, as I’ve written before, abortion is really about sex and the Biblical position that fornication is sin. We have to be honest about this, for we always have to “play the tape to its end” when considering issues such as abortion. What would be the Evangelicals’ view of how people “should” behave in a world without legal abortion? I think we all know the answer to that. Moreover, anti-abortion law becomes harder and harder as the evidence mounts about how birth control reduces the abortion rate. Our current rate is now BELOW what it was in 1973, when it was made legal by the high court.

My daughter is about to pop with baby number three, and we’re all pretty excited about it. This is especially so after her experience with baby number two, who died of severe birth defects six hours after birth. She learned of the birth defects at 20 weeks and went through this despite the knowledge that she “could have” gotten an abortion. She made the decision – the choice – for herself not to do so, and it was remarkable to witness. For her, it was a moral issue, not a legal one, and she could not have made such a decision for herself, had abortion been illegal. This experience has firmed my resolve that the Supreme Court got it right with Roe v Wade.

EDITOR’S NOTE: I strongly recommend you read the linked materials.

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