Orthodox1047, what you just saw was
Palm Harbor violating
Godwin’s Law. The discussion with him can now safely be declared “ended.”
Much as I hate to say it, I have to largely agree with
Beau here. I radically disagree with the school of thought that has reigned since the New Deal (which basically says that rulings of the Supreme Court,
not the Constitution as interpreted by each branch within its sphere, are the supreme law of the land), but, if we grant for a moment that judges
do have the power to interpret a right to an abortion into the Constitution, then it seems to me that lower-court judges who honestly believe rulings of the SCOTUS to be the binding law of the land cannot be held morally culpable for upholding such rulings. However, such a judge should seriously consider the moral gravity of his or her position and prudentially decide whether to remain a judge in a climate where the civil law has so debased the natural law against murder, especially of one’s own offspring. Such law cannot be binding outside a courtroom to any Catholic.
That being said, I do
not believe a SCOTUS ruling is the supreme law of the land, and those judges who act accordingly and uphold the Constitutional right to life (Amendments V, XIV) should be applauded. However, if a Constitutional amendment were passed making the civil right to abortion explicit, even these judges, stripped of alternatives, would have to consider resignation.
SCOTUS judges who merely interpret a right to an abortion into the Constitution, on the other hand, should censured most severely, as there is no legal theory this side of perdition in which that right could be considered
remotely just
or constitutional. Yes, Anthony Kennedy, I
am looking at you. He, personally, probably should be excommunicated.
Great question, OP. Very stimulating to think about.