Serious liberal legal scholars have been willing to admit that Roe v. Wade was indefensible on legal and constitutional grounds. The only reason that it, like a number of past and present Supreme Court decisions existed, was to safeguard a cultural lifestyle of a politically influential minority.
Justice Alito’s strong medicine draft dismantling the constitutional legitimacy Roe v. Wade was already widely distributed. “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment,” he blasts.
He’s right, of course.
And despite the harassment, threats, and intimidation, and even an assassination plot, Justice Roberts joined the conservative majority to abort Roe v. Wade.
“The nine Members of this Court will no longer decide the basic legality of pre-viability abortion for all 330 million Americans. That issue will be resolved by the people and their representatives in the democratic process in the States or Congress,” Justice Kavanaugh notes in his concurrence.
The Democrats keep talking about “democracy” (it’s in their name after all) and castigating any opposition to them as a “threat to democracy” or even more militantly, an “attack on democracy”, and yet they violently resist the idea that the abortion question should be decided by the voters.
The Supreme Court didn’t take away abortion from anyone. It didn’t mandate anything on abortion. It correctly ruled that was an ideological invention and that there’s no special basis for federal protections for abortion.
If, as lefties insist, abortion is enormously popular, they should be able to ride to victory in the midterms on a populist tide, increase their hold on the Senate and House, and easily win the White House again in 2024 while holding sufficient numbers to rig the Supreme Court, add abortion to the Constitution, and anything else they like.
Except that the polls show no such tide and the midterms are the Republicans to lose (and in Pennsylvania, Ohio and Georgia, they’re trying very hard to lose the Senate all over again thanks to political consultants and celebrity candidates that make RINOs look conservative). Despite the Days of Rage and pink hat brigade hysteria, Americans are not on board with abortion until birth or especially enthusiastic about abortion. Despite making a great deal of inroads on social issues, so that Republicans have largely abandoned them for generic culture wars, abortion does abide because there is very clearly a life being snuffed out.
The Democrats need a federal mandate for abortion precisely because they know how unpopular it is. They’re the ones who have been waging a war on democracy over it. And that’s why they’re hysterical over losing the ability to use central judicial control to force abortion on states and communities.
Who hates democracy more than Planned Parenthood?