top of page

August 12, 2020

Legislation From the Bench Must End

[Our friends at Intercessors for America have provided great information today on judicial legislation at the Supreme Court.]

“Recent cases such as Bostock, and June Medical highlight the need for prayer for our justices—regularly! In the Supreme Court, we see more and more ‘legislating from the bench’ instead of interpreting laws and the Constitution as written. What does ‘legislating from the bench’ mean and why is it wrong? Let’s go back to the framework of the Constitution to understand what the role of the Court is within the three branches of government.

“The role of the Judicial Branch is to police the structural limits on government and neutrally interpret the law. The Executive Branch is responsible for implementing and enforcing the laws written by Congress. The Legislative Branch (Congress) is supposed to be the center and driver of the legislative process (creating the laws). When the legislative branch is not fulfilling that role for whatever reason—be it due to gridlock, the inability to make meaningful legislative action for fear of re-election ramifications, or the hyper-politicization of the role of the legislative process, legislating eventually gets done elsewhere, filling the vacuum.

“One could say that the Supreme Court has become the battleground for debate of political ideals instead of the legislature. There is a lack of genuine debate and action in the legislature and the Supreme Court evaluates and decides many legislative matters. This is not the good government our founders outlined for our Republic. We need to pray for a restoration of the balance of power and for adherence to the original purposes of each branch of government as set forth in the founders’ framework.

Judicial activism occurs when judges decide cases based on their personal preferences or political leanings, not based on the text of the Constitution, statutes, and applicable precedent. The Heritage Foundation defines it: When a judge puts policy considerations above the requirements of law, bends the text of the Constitution or laws to comport with his or her own sensibilities, or otherwise angles for particular results in a case, that judge has stepped outside the proper constitutional role of policing the structural limits on government and neutrally interpreting the laws and the Constitution.

“Yet some current justices are resisting judicial activism today. In his dissent on Bostock, Justice Alito opens with the following: ‘There is only one word for what the Court has done today: legislation. The document that the Court releases is in the form of a judicial opinion interpreting a statute, but that is deceptive.’”

“He appointed judges throughout the nation in all the fortified towns, and he said to them, ‘Always think carefully before pronouncing judgment. Remember that you do not judge to please people but to please the Lord. He will be with you when you render the verdict in each case. Fear the Lord and judge with integrity, for the Lord our God does not tolerate perverted justice, partiality, or the taking of bribes.’” (2 Chronicles 19:5-7; NLT)

Give Him 15 minutes in prayer:

  1. Read the definition above of judicial activism from The Heritage Foundation. Let us pray for an end to judicial activism and legislation in the Supreme Court and a return to the proper balance of powers.

  2. Declare, “Judicial opinions are not legislation, but are meant to solely be interpretations of legislation!”

  3. Intercede for the Senate and the House of Representatives find a way through the political divide, so they can do the job of lawmaking. This closes a void that the executive and judicial branch can step into. It puts our government back in order, limiting the other branches from creating legislation that is not theirs to create.

  4. Ask the Lord to download His heart and thoughts to Believers in the Congress, so they can enact fair and just laws for the people.

  5. Pray the same for state and local lawmakers, as well.

A prayer you can pray:

God, before You, we call the three branches of the government of the United States of America back into alignment with the Constitution of the United States of America! We believe You brought that document together through those who sought You for it. Our government is facing greater and greater challenges to our moral and ethical structure in particular. The Supreme Court is increasingly engaging in judicial activism, legislating from the bench, as opposed to verifying if laws are constitutionally enacted and carried out. We are humbly asking for Your intervention, Lord. Judicial opinions are not legislation, but are meant to solely be interpretations of legislation!

We believe that there is currently a void in the congressional legislative processes. The Senate and House are not doing what they need to be doing because of greater and greater fighting between the parties. Every void in authority opens a spiritual gap that someone or something will try to fill. Because Congress is not enacting just and fair laws for Americans, other entities are filling that gap. The Supreme Court is one of them. So, Lord, we call the three branches of government into proper alignment and back to their original purposes and duties as outlined in our Constitution. Grant our Christian legislators your heart and mind in the development of those Bills. We pray for state and local lawmakers to enact God-fearing, just and fair laws, as well, so the enemy may be angry, but find the constitutional door shut against him. Let the Court decide in accordance with the U. S. Constitution alone, and not according to their personal interpretation of it. Jesus, we need Your intervention! Amen.

Today’s decree:

We call for our Supreme Court justices to neutrally interpret laws and the Constitution! No more legislating from the bench!

Learn more about Intercessors for America here.

bottom of page