[Rom 8:31-39] is notable for its attribution of “justifying”
to God precisely in the forensic context of the last judgment: θεος
ο δικαιων (v. 33b). The present tense of the
participle stands in some tension with the aorist (εδικαιωσεν) expressed in verse 30
and, more remotely, in 5:1 (δικαιωθεντες). It suggests that,
though believers’ justification is radically established through faith
in Christ, there remains a final ratification of the divine verdict to be
conferred at the judgment. The present tense communicates the sense of an
ongoing verdict of acquittal that has not only been once given in virtue of the
gracious act of Christ but also continues with respect to the Spirit-inspired
conduct of their lives during the overlap period up to the judgment (8:4,
9-13). Believers live “within” that verdict. If they truly live out the divine
gift of righteousness during this time, they can be confident that the verdict
will be sustained to the end. And with Christ, who died to “capture” them from
the captivity of their sins (see Gal. 2:20; Phil 3:12) and was raised for their
justification (Rom. 4:25), sitting at the right hand of God and pleading their
cause (v. 34), what opposing spiritual power (see 8:38-39a) would date to bring
accusation against them (v. 33a)? There really can be only one answer: “None!”
The way is then open for Paul’s triumphant dismissal of any suggestion that the
sufferings of the present time (v. 35) could point to a successful prosecution
of the elect at the judgment, leading to their separation from God’s love (v.
39). (Brendan Byrne, Paul and the Economy of Salvation: Reading from the
Perspective of the Last Judgment [Grand Rapids, Mich.: Baker Academic,
2021], 171-72)