The Verdict Is Rendered

March 2006

Dear Friends,

Almost six weeks have passed since the Senate confirmed Samuel Alito to be the newest justice on the U.S. Supreme Court. That was one of the most significant victories in the civil war of values, which has raged now for more than 30 years. Why is his confirmation so important? Because we believe Alito's addition to the Court represents one more step toward ending what has been called "judicial tyranny," whereby unelected and unaccountable justices and judges have grabbed enormous power not authorized by the Constitution. They have almost ruined this great nation.

The justices used that power to assault religious liberty, to legalize the murder of 43 million unborn babies, to preserve the horrible procedure known as partial-birth abortion, to strike down sodomy laws throughout the nation and to declare laws unconstitutional that were designed to protect children from obscenity on the Internet. Recently, they allowed state and local officials to force ordinary citizens to sell their private property to developers and corporations. In their "sodomy decision" (Lawrence v. Texas), Justice Kennedy signaled the majority's intention to redefine the institution of marriage as soon as a relevant case came to the Court. On and on it has gone. But with the addition of Chief Justice John Roberts and Associate Justice Alito, along with Justices Clarence Thomas and Antonin Scalia, a new day appears to be dawning on the American judicial landscape.

This is why the leaders of the radical Left worked so feverishly to defeat the nominations of Roberts and Alito. They knew what was at stake, even if many of our countrymen did not. Ralph Neas, president of People for the American Way, called Alito's confirmation a "constitutional catastrophe."1 He and Kate Michelman, president of the National Abortion Rights Action League, and many of their cohorts in the "alternative universe," are keenly aware that the legalized killing of babies may soon be referred back to the states for reconsideration by the American people and their representatives. Liberals have had it their way for several decades, but that era may be coming to an end.

Does anyone know with certainty how Justice Alito will vote on critical moral and social issues? No. And we could be in for some unpleasant surprises in years to come. That has happened before, notably in the leftward shift of Justices Souter and Kennedy. But there is good reason to believe that Alito will base his opinions on the Constitution and not on an extreme agenda. That is called a "strict constructionist" or an "originalist" approach. He has also pledged not to legislate or create social policy from the bench. This is why George W. Bush appointed him and Chief Justice Roberts to the highest court in the land.

The president promised during both his election campaigns that he would appoint just this kind of conservative to the Court, and he has kept his word. This is one of the reasons Mr. Bush is being subjected to such hatred from the media, from the entertainment industry and from liberals in the Senate. Those who occupy leftist positions are livid at the prospect that their last remaining playground, the U. S. Supreme Court, is beginning to slip away.

Alito's confirmation came as very good news to those of us who watched in dismay over the years as the Supreme Court struck down Bible reading and prayer in schools, prayer at graduation activities, prayer at athletic events and prohibited the posting of the Ten Commandments in public schools. In the summer of 2005, the Court limited the way states can display the Ten Commandments on public buildings, raising fears that the phrase "In God We Trust" may eventually have to be taken off our money and the words "Under God" deleted from the Pledge of Allegiance. The 9th Circuit Court of Appeals tried to do that in 2002, but was overturned by the Supreme Court on a technicality. It should have answered the question decisively; but because they ducked the underlying issue, it will probably come back for consideration in the future. Many of these and other unfortunate Supreme Court rulings were razor thin, becoming the law of the land on 5-4 decisions. The swing vote in many of those close rulings was Justice Sandra Day O'Connor, who tipped the scales in a liberal direction. Since she has left the Court, let us look at her "legacy" as it relates to the man who has succeeded her, Samuel Alito.

Here is a portion of the record Justice O'Connor leaves:

1. O'Connor voted to strike down prayer at graduation ceremonies in Lee v. Weisman. The decision was 5-4.2
2. O'Connor voted to strike down Nebraska's law criminalizing partial-birth abortion (Stenberg v. Carhart). That terrible procedure — by which brains were sucked out of un-anesthetized and often healthy, late-term infants — continues across the country today. The blood of thousands of these dismembered babies will forever be on the hands of five justices, with O'Connor providing the swing vote, 5-4.3 She will live with the consequences of that ruling until she, and all of us, have to give an account to the God of the universe whose Word states: "They shed innocent blood, the blood of their sons and daughters . . . Therefore the LORD was angry with his people and abhorred his inheritance" (Psalm 106:38, 40, NIV).
3. O'Connor also voted against unborn babies by upholding the basic premise of Roe v. Wade in the landmark case of Casey v. Planned Parenthood. Again, the decision was 5-4.4 One more vote for life could have saved millions.
4. This past June, O'Connor voted to prohibit the public display of the Ten Commandments in two separate cases.5 Both decisions were 5-4, with O'Connor serving as the swing vote. In the first case, she voted to prohibit the display of the Commandments in a Kentucky courthouse; and in the second, she even opposed the display of the Ten Commandments when there was no intended religious significance implied by the monuments.
5. O'Connor decided against the people of Colorado, who had voted for a referendum to abolish special rights for homosexuals in their state constitution. Their wishes were summarily overturned by a 5-4 decision in Romer v. Evans.6 Coloradoans were chastised as bigots by the Supreme Court in that ruling.

Well, that's just part of Justice O'Connor's judicial record on the bench. Is there any doubt why Democratic leaders and the liberal media have virtually anointed her with sainthood? Even though she didn't always do their bidding, she helped hand down some of the worst decisions in the nation's history.

Now the question is, which direction will Justice Alito swing? Let's pray that he will be more inclined to do the right thing. The new justice arrives just in time. A case reconsidering partial-birth abortion is already before the Supreme Court. It will probably come down to another 5-4 decision in the next several months. We will know which direction this country will go very soon, and whether our confidence in Judge Alito is warranted.

May I be self-serving for a moment and revisit the long, hard struggle that has brought us to the victory we are enjoying today? I don't want to overstate the case. Focus on the Family has been but one of many conservative organizations alerting the American people to the danger of judicial tyranny. But this has been something we have fought for, agonized over and prayed about for many years. Provided below are some of the comments I have written about this subject in my monthly letters to millions of people. You can see the evolution of my thought processes and increasing concern through this past decade.

July 1996

"I am among those who are becoming alarmed by the U.S. Supreme Court . . . [It] is becoming a despotic branch of government, consumed with power and accountable to no one."

October 1997

"For the U.S. Supreme Court to descend into the abyss of moral relativism is disastrous. The Constitution has been the shield, the defender of basic liberties for 210 years, based on the law of nature and of nature's God. Now, according to Justice Kennedy and five of his colleagues, its meaning has become nothing more predictable than, in Kennedy's words, 'the shifting sands of public opinion.'" [This letter was written after the decision in Casey v. Planned Parenthood, in which Kennedy said for the first time in U.S. history that instead of our inalienable rights being provided to us by the Creator, each individual is entitled to his "own understanding of reality." That ruling turned what the founding fathers intended as a divine gift into a matter of public opinion, shifting from moment to moment. Remember, if basic rights come from God, they are eternal. If they come from man, they are no more secure than the next Court ruling.]

October 2000

"The men and women we elect to represent us in our state legislatures for the next several years will exert monumental influence over the direction of our nation. Those in federal office will likely appoint and confirm several new Supreme Court justices. They will help set the moral tenor of the culture — especially for our youth. They might spare some unborn babies the horrors of abortion or condemn even more to a horrific death. They may decide whether homosexuals are granted special legal rights on the basis of their immoral behavior. They could very well choose whether religious freedoms are restored, or even further restricted."

September 2003

"Let me remind you that it is the courts that have run amok. They are out of control and beyond the checks and balances envisioned by our founding fathers. And the liberal establishment in this country knows that it can accomplish all of its harebrained schemes, not by winning popular elections, but by enticing these few unelected judges in black robes to do their dirty work. This is why President George W. Bush is having a terrible time getting his judicial appointments confirmed by the Senate. The liberals are determined to protect their trump card in the courts — such as the 9th Circuit Court of Appeals that last year declared the Pledge of Allegiance to be unconstitutional. Since neither the Congress nor the president have the will to use their constitutional authority to reign in the power of the court, we must fight for an amendment that will do it for us — specifically with regard to marriage."

October 2003

"The federal court judges and some members of the media are determined to remove every evidence of faith in God from this entire culture. They are determined to control more and more of our private lives, and it is time that we said, 'Enough is enough.'"

April 2004

"We have fought for 'the preservation of the home' since I left academia in 1977. That phrase appeared at the bottom of the first printed stationery, which summarized what we were attempting to do. We've been frantically waving a red flag ever since, warning our listeners and readers that the family was in mortal danger. Aided and abetted by arrogant, unaccountable and unelected judges who are determined to implement their vision of political correctness, thousands of unlawfully 'married' gays and lesbians are fanning out across the nation, preparing civil rights suits and demanding recognition by the courts. Given the outrageous decision in Lawrence v. Texas (the so-called 'sodomy case') and the disturbing rationale for it written by one of the most dangerous men in America, Justice Anthony Kennedy, there can be little doubt that the U.S. Supreme Court will soon 'find' a provision in the Constitution that guarantees homosexual marriage. If the people accept that decision passively, the issue will never be in question again. The institution of the family will have been destroyed."

October 2004

"In a sense, every election is a 'crossroads,' especially when it involves the selection of national leadership. Whether directly or indirectly, our president and congressmen will be making life and death decisions on our behalf over the next four years. These decisions will continue to have an impact long after the individuals have left office. In the next four years, for example, the president may make from one to three appointments to the U.S. Supreme Court. Given the unprecedented power of the Court today, the selection of those justices could have a profound effect on the country for decades."

*****

This final quote was written several days before the last presidential election, which was a time of serious anxiety for millions of us. Many prayers were sent heavenward during those weeks, including the concerted efforts by my wife Shirley and her team at the National Day of Prayer Task Force. They called for a day of fasting and prayer on the Sunday before the election. Many of you joined us at that time, if not publicly, then privately. So much depended on the outcome. I'm not referring to the successes or failures of a political party, but rather, to the positions taken by various politicians on issues related to our basic liberties. And let's say it out loud: I am grateful that George W. Bush earned the right to make the Court appointments we celebrate today. If you agree, I wish you would write and thank him for keeping his pledge to appoint conservative, strict constructionists (or originalists) to the bench. By 2004, Senator Kerry had voted against the ban on partial-birth abortion six times in the Senate. I couldn't say that legally during the campaign, but I can say it now. It is clear what kind of justices Kerry would have nominated to the Court. They likely would have swung hopelessly to the Left for the next 25 years.

That election era, culminating 16 months ago, was also a time of exhaustion for us. We had crisscrossed the nation in 2004 to hold rallies, not telling people who to vote for, which is not my responsibility. We talked almost exclusively during these events about the Court and about the crisis created by judicial activism. Things had to change. Our nation was at a crossroads. And now, Justices Roberts and Alito are members of the most powerful institution in America.

One more thought. Do you remember me saying on numerous occasions that American liberalism was a house of cards that could come down suddenly, just like happened with the collapse of the old Soviet Union? That caught everyone by surprise in 1989, with not even the sinologists seeing it coming. I said there is a good possibility that the far Left is like that — based on aging ideas that lack popular support and are propped up by the radical media, by Hollywood, by the universities and professions and, of course, by the judiciary. But they are losing their hammerlock on the culture, being contradicted every hour of every day by the blogs, by the popular conservative radio programs and occasionally (but not often) by Fox News. I am hoping that this optimistic perspective is beginning to be validated, with cracks appearing in the superstructure of the Left. "Lord, may it come to pass, and bring a mighty revival to bring people back to You."

Does this more conservative Supreme Court represent the final battle to save this great country and generations to come? Certainly not! We will continue the struggle against those who would rip us from our historic moorings. As Winston Churchill said after the first great British victory against the German army in World War II: "Now, this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning."7 Considering the victory achieved in Alito's confirmation, maybe this is the end of the beginning of the culture war. And that would be a very good thing.

Thank you, thank you, thank you, good friends, for your prayers, your financial support and your phone calls to key senators during the confirmation hearings. Your active participation in this battle helps to validate Focus on the Family's efforts to defend the principles we hold dear, and strengthens our ability to give voice to the concerns of Christians in the arena of public policy. And when it comes to the Alito hearings, the senators got your message. The majority of them easily defeated the desperate attempts to mount a filibuster by Senate Democrats. Their demand for a delay in the final vote lost by a resounding 75-25. Rush Limbaugh called it a "flopabuster." The next day, Samuel Alito was confirmed by the entire Senate, 58-42. And we're delighted.

God's blessings to you all. Now, we need ONE MORE conservative justice on the Court to set its direction, perhaps for decades. Keep praying.

Sincerely,

James C. Dobson, Ph.D.
President

P.S. Congratulations to Congressman John Boehner (R-Ohio), who was elected in February to the position of majority leader in the House of Representatives. We are pleased by his new assignment. Boehner almost always has a 100 percent voting record as evaluated by the Family Research Council. That means he has been "right" on almost all legislation related to the family, morality and social issues. So, there is reason for optimism today, although there remains much work to do.

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