Stare decisis
photo by Astrid Riecken from the Washington Post
Stare decisis means “to stand by things decided” in Latin. When a court faces a legal argument that a previous court has ruled on (the same or a closely related issue) previously, then the court will make its decision in alignment with the previous court’s decisions. It is the doctrine that obligates courts to look to precedent when making decisions. The advantage of this doctrine is that it provides certainty and predictability. The disadvantage is that it can result in a lack of flexibility and an inability of common law to adapt to changing moral, socio-economic, and political realities resulting in a static body of law. The recent Supreme Court decision in Dobbs v. Jackson Women’s Health Organization to uphold a restrictive Mississippi abortion law achieved a decades-long conservative goal of overturning Roe, created unprecedented tension among the justices, and shattered the faith of many in the court provoking a divisive debate on the court’s ability to act with legitimacy. This debate is centered largely on the fact that three Trump nominees to the court, Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett, “pledged varying degrees of allegiance to stare decisis at their confirmation hearings and then voted to overturn Roe at the first opportunity. And in addition, there is the unprecedented example of Justice Clarence Thomas’s wife, Virginia, playing an active role in encouraging legal challenges to Trump’s defeat in the 2020 election, while such issues are coming before the Supreme Court.” These occurrences have led to widespread speculation as to the legitimacy of the Supreme Court under its current construct.1
photo by Oliver Contreras for the Washington Post
The Supreme Court has accepted several controversial cases for the new term creating concerns of additional tension both among the court justices and further demonstrations outside the court building. The court will hear cases in October challenging the Clean Water Act, the Alabama Voting Rights Act that could affect voting redistricting nationwide, college affirmative action initiatives, and the independent state legislature theory which holds the Constitution only governs federal elections. This last could result in having enormous impact on the 2024 presidential election. 2
It seems that in the last few months events that many of us never expected to see happen in our lifetimes have occurred. After witnessing a coup attempt to our democratic election process, within a span of a few months we have witnessed the overturning of a law of the land that was initiated decades ago. For many people of faith those actions were acceptable and in the latter case a source of great celebration. For many other people of faith, they were a terrible step back in the freedoms of our nation. Now we are bracing ourselves for more potential reversals in our laws that have stood for years and as seen by many Americans designed to protect our environment, offer equity in college educational opportunities regardless of race, and reinterpret the authority of our Constitution, which protects our elections. Again, many people of faith see these efforts as a return of liberties. Many other people of faith see freedoms that were once enjoyed as now being taken away. The only thing for certain in the future of our nation seems to be continued division, conflict, and confusion. This climate of confusion and conflict has given rise to a movement referred to as “Christian Nationalism” in some communities of faith. This faith philosophy embraces an “end times” rhetoric to include a battle of good vs evil, Christ vs Satan, and angel vs devil. It welcomes confrontation and prophesies a glorious victory for God. However, if you subscribe to that “end times” philosophy it should be noted one has to believe the “anti-Christ” is among us and a lot of us are being deceived by being led into battle. I would be careful who you follow into a fight against other faith communities, it just might turn out to be the wrong side. I prefer to believe that we are not in any season of Armageddon and the differences that we have between people of faith can be reconciled in our faith.
Then we have Hurricane Ian. Insurance claims are expected to exceed $1.44 billion. Pictured above is a church totally destroyed by Ian in Spring Hill, FL. Destroyed was the church, the pastor’s home, facilities for homeless, and kitchen facilities that fed dozens of homeless every week. Such natural occurrences bring to mind Christ’s teachings in the Sermon on the Mount in which He states, “he makes His sun rise on the evil and the good and sends rain on the just and the unjust.” (Matthew 5:45) That follows the statement “But I say to you, love your enemies, bless those who curse you, do good to those who hate you, and pray for those who spitefully use you and persecute you.” (Matthew 5:44) I believe Christ’s point is that we are all in this together. As people of faith, we need to be agents of peace and reconciling one to another. Not itching for a fight calling on our faith to declare our fellow citizen of faith as being vanquished in some heavenly orchestrated battle. But that still begs the question as to why does that pastor have to go through the destruction of his house, church, and ministry? I have no idea, but it definitely seems like God is redirecting his life in some fashion. The same way God is redirecting the collective path of our nation in some fashion.
What we need as a people of faith is a “stare decisis” of our own. That is, we need to “stand by the things decided” in our faith. That is instead of being ready to fight, demonstrate, and insist we win in the battle of wills, we need to rest in the things of our faith that have been decided for us and will not change. We need to meditate on the beauty of God’s creation that is available in the sunset of our backyards like mine pictured above.
We need to be reminded of the apostle Paul’s exhortation to us recorded in Ephesians 4:1-6. “I beseech (beg) you to have a walk worthy of the calling with which you were called, with all lowliness and gentleness, with longsuffering, bearing one another in love, endeavoring to keep the Spirit in the bond of peace. There is one body and one Spirit, just as you were called in one hope of your calling; One Lord, one faith, one baptism, one God and father of all, who is above all, and through all, and in you all.” – In other words, get our act together, we are all in the same faith. We may have different denominational names and different ceremonial functions, but God sees us as one family. We need to begin to act like it in humility, kindness, and peaceful ways. No one ever changes his mind when being shouted at or threatened in some spiritual or literal manner.
We need to be reminded of another one of Paul’s teachings in Philippians 2:4-8. “Let each of you look not only for his own interests, but also for the interests of others. Let this mind be in you which also in Christ Jesus, who, being in the form of God, did not consider it robbery to be equal with God, but made Himself of no reputation, taking the form of a servant, and coming in the likeness of men. And being found in appearance as a man, He humbled Himself and became obedient to the point of death, even the death of the cross.”
I have participated in many marches for life. I have walked next to those carrying pictures of an aborted fetus. I am convinced it only achieved alienating people. In my youth I came dangerously close to subsidizing an abortion. It was only by God’s grace that I didn’t, even when I was not living a life of faith. I have counseled many, post abortion. I am convinced the only meaningful council we can provide is acceptance of the individual regardless of his decision on the subject. I think that is what Christ would do. The only harsh judgement Christ ever demonstrated during His earthly ministry was towards the religious hypocrites. Let’s get out of the judging business. We are not qualified to judge, and scripture warns us it will be turned around on us someday if we do. That is our “stare decisis” – standing on the things that are decided. If we start doing that, maybe God will show us a way out of this terrible divided mess we have got ourselves.
1. “Supreme Court set to resume as its approval takes a beating” by Robert Barnes, P. A1 Washington Post, Sunday October 2, 2022
2. “Court to hear cases on EPA, election rules, race in college admissions” by Robert Barnes, P.A10 Washington Post, Sunday October 2, 2022
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