All of my adult life traditional religious Americans have been waiting for the chance to overturn Roe v. Wade. It has taken almost fifty years to assemble a conservative majority of Supreme Court justices who might overturn the 1973 abortion decision. Today a lot of the pundits were saying that the statements coming out of the hearings by the justices indicated that they were preparing to uphold the new law in Mississippi. This would limit abortions to pregnancies shorter than 16 weeks.
Now enormous pressure is being put on the justices to let Roe stand. Idiots like Senators Blumenthal and Schumer have made very ominous statements about the consequences if Roe is overturned or even if some stringent restrictions are made on abortion such as the recent Texas law. The more measured warnings include packing the court or restricting its jurisdiction. But Schumer actually made his warning sound like a personal threat against the justices themselves. Personally, I’m not surprised by these threats. The Democrats are gangsters who frequently resort to threats and violence when all else fails. One need look no further than the George Floyd riots to see violence and intimidation being wielded by the Left’s mob du jour.
The abortion decision will not occur until next June. This will provide proximity to the mid-term elections which will make its consequences even more interesting. If the Court strikes down Roe or even just confirms the more stringent Mississippi law will this galvanize democratic support next November? Or would it have the effect of encouraging voters on the Right who have been waiting all their adult lives to see the Supreme Court admit that abortion is not a constitutional right?
Speculating about something that won’t be known for another seven months seems kind of premature. But it is fascinating to think that such a momentous change might actually happen after all these years. And it makes me wonder what other alleged constitutional rights might be struck down in the future. My favorite would be affirmative action. The last time the subject came before the Supreme Court it was admitted by the Justices that it was indeed unconstitutional but that social pressures required it to be used as a stopgap method. That was decades ago. I think the impact from striking down all the affirmative action laws would be an order of magnitude greater than any of the other fake unconstitutional laws like same sex marriage because removing the affirmative action mechanisms would allow freedom of association to exist again. The government would stop telling us who we had to employ. We could once again hire people according to whether they were the best qualified candidates and not have to adhere to some kind of social grievance heat map to pick them.
The one thing I think could put the brakes on any actual decision is the fact that John Roberts might decide to vote for the conservative opinion. By virtue of being Chief Justice that would then allow him to write the decision and he could do anything he wanted including just sending this case back down to the Appeals Court to tweak their decision. And I wouldn’t put it past him. He’s a spineless weasel who never misses a chance to roll over for the Left.
But the political winds are shifting in this country. People’s eyes have been opened to how the people in Washington govern without caring what their constituencies actually elected them to do. If voting for change doesn’t work pretty soon, they’ll stop voting. And then they’ll look for change by other means.
Tyler is a friend of this site and he’s got a story that combines the pro-life movement, Joe Biden and, at last, a positive story about the Catholic Church. A small profile in courage.
Warrior for Life
A number of important cases are on the docket at the Supreme court this fall.
This year the Supreme Court will have the chance to rule on:
- The constitutionality of Louisiana’s Abortion Law mandating an abortionist have admitting privileges at a local hospital.
- Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- Whether the temporary DACA program can be allowed to expire.
- Whether Kansas is allowed to identify illegal aliens by their obvious documentation and act on this.
- Whether homosexuality is a protected class under employment discrimination laws.
- Whether transgender status is a protected class under the employment discrimination laws.
Putting aside for a moment the health status of Ruth Bader Ginsberg, we will have the chance to see whether John Roberts is an honest man or a stooge. Something like the DACA program is a clear-cut case of a temporary law that has expired. To extend it would be an obvious act of judicial trespass onto the prerogatives of the Executive and Legislative branches of government. If Roberts uses his vote to legislate from the bench then we know he is a Deep State creature either voluntarily or due to some kind of blackmail. Likewise, with the NYC gun transport ban this is a clear violation of the Second Amendment and upholding the ban would make Roberts’ status clear.
As for the homosexual and transgender cases, those will be even more transparent markers of where he stands. Supposedly only Justice Kennedy was responsible for the outrage that was the gay marriage decision. If somehow Roberts comes out in favor of either of these protections then it will be obvious that he was a plant all along.
If it turns out that Roberts is indeed a creature of the Left then it becomes even that much more urgent that President Trump appoint one or more conservative justices to the Supreme Court.
So, returning to the question of Ginsberg’s health I stated during her last cancer eruption that I would be shocked if she didn’t retire before April. To be blunt, she is currently experiencing the results of metastatic cancer from one of her previous tumors. Whether the cells are originally pancreas, colon or lung cancer they have obviously migrated out of the original site and are now showing up in new organs. The question of whether these cells have already migrated to the liver is probably what will determine how long she has. And also, to slow down the spread of the metastases, chemotherapy will be needed and this is a woman in her late eighties. How is she supposed to support the side effects that include neurological damage and still sit on the Supreme Court and decide the legal fate of the nation?
Hopefully she will elect to spend her last few months with her loved ones as anyone would in that position. At that point President Trump will appoint a reliable conservative justice and put an end to Roberts’ veto on conservative judicial decisions. But while these are important legal battles, even more urgent is a Supreme Court decision to end all forms of affirmative action, whether sex or race based. The glaring anti-constitutional nature of these programs has been long recognized by the court but has always been spared as being a necessary temporary measure to correct past inequities. Any honest observer would admit that the cure is now worse than the disease and it’s time to save the patient from his treatment. Whether this will come up for review next year or the year after, sooner than later the Supreme court will need to address this most egregious civil rights atrocity.
An enormous amount of digital ink has been spilled in the last week or so about the coming Supreme Court vacancy and who might fill it and how that will play out. And these are truly momentous questions involving nuances of political strategy that could change the balance of the Senate political make-up. In other words, really hot stuff and absolutely chock full of fat-soluble vitamins.
But let’s jump the gun and talk about some really exciting things. Let’s assume for the sake of argument that the Senate manages to keep their act together and approve an actual conservative replacement for Anthony Kennedy. And let’s further assume for the sake of argument that John Roberts isn’t the Manchurian Justice that he seemed to be during the Obamacare deliberation. Then, what are the possible constitutional questions that could allow the new conservative majority to show its quality? Let’s make a list.
- I think the least likely early result of the new majority would be a test of Roe v. Wade. This is the thermonuclear case and I believe it will be a while before SCOTUS tackles something so controversial. After all, energizing the female vote against Republicans during the beginning of a conservative court majority would threaten the ability of a very narrow Senate majority right before the mid-terms. So I think this will wait at least a year or more.
- I think the most likely early test of this new majority will be a revisiting of the gay marriage vs. religious freedom question. And here is where I think that the Court will score an easy victory. I would be shocked if the Court does not hand a complete victory to religious tradespeople who object to being forced to participate in homosexual weddings. In my estimation this will be a great morale booster for conservatives and a well-deserved rebuke for the brown shirts in the LGBTQ
- Removing the Constitutional mandate for gay marriage would be a very bold move. Seeing that this would directly attack the precedent set by Anthony Kennedy just a few years ago it would represent a refutation of the narrative that has been developing in the Courts for the last twenty five years. But I think it would be the smart thing to do. Unlike Roe v. Wade, the shortness of time that has passed since the precedent was set limits the disruption caused by allowing the individual states to pass their own laws on either side of this issue. The Federal government could even restore the Defense of Marriage Act if it was politically expedient. And there is a real grass roots appeal to allow states that don’t favor the homosexual life style to have their say.
- Questions about the Constitutionality of Affirmative Action should be front and center in this Court. Even past verdicts by the Supreme Court when more liberal justices were represented recognized the contradictory nature of a clearly discriminatory practice sanctioned by the United States Government. It is long past the point where reverse discrimination makes even bad sense. And the way the Left has used it to weaponize identity politics against the white population needs to be shut down before it does anymore harm to the unity of the country.
- The constitutionality of the Patriot Act and other post 9-11 security over-reaches need to be reconsidered. The recent actions by the FBI and the other intelligence gathering agencies highlights the runaway nature of these intrusions on privacy and an originalist interpretation will go a long way toward re-evaluating the current imbalance favoring law enforcement over due process.
- And a final major item that could be adjudicated is the Constitutional protection for homosexuality. That was another constitutional protection discovered by Justice Kennedy. Here is another social question that used to be a state matter until the Supreme Court overstepped.
So, this merely my speculation. What do you think? What’s your logic? Leave a vote.
Is John McCain alive or dead? If alive, can he vote? Which way would he vote? After all he does love to spoil things. Assuming he will not be a factor, is Susan Collins the weak link? If she is, can she be persuaded? Is she up for re-election? What other republican votes are question marks? Could Manchin from West Virginia be convinced to vote against his party? If we don’t have the votes how likely is it that the mid-terms will increase the Republican Senate Majority? Should we try now and then after the mid-terms?
These are a few of the question that would need to be answered before trying to figure out if and/or when a conservative justice could get through the Senate.
And the other big question is whether Roberts is a ringer. Does he need to be outvoted too? If that’s the case we’ll need Ginsberg to go too.
So, as with all things Washingtonian, there are wheels within wheels and waiting is an integral part of the game. But so far Trump has a pretty good track record of getting the luck. If he gets a good man in then we can hope to know the answer to some of the Roberts questions pretty quickly. And if Roberts does turn out to be a ringer that’ll be just one more reason to distrust all things Bush and celebrate dodging the JEB! bullet almost as much as the Hillary one.
So, my guess, McConnell will spend a little time doing his math and making sure he completely understands the dynamic. Now that he and President Trump have normalized their relationship I expect they’ll coordinate carefully on the when and the how. They may spring it pretty quickly when it’s time and not give the Media or the Dems a lot of time to screech. McConnell indicated the vote would be in the fall. Maybe that’s a ruse. Maybe they’ll surprise everyone and do it before Labor Day. I’m not an expert on the machinery of the Senate so I don’t know how likely that is. My guess is McCain may be an important piece of the puzzle. His wife is touted to be in line for the job when he dies. How this affects the vote is anybody’s guess but my bet is that she’s a lib. For that reason, they may not wait for her to be seated.
Okay, so that’s the horse race. Now, why is this so damn important? Well, because if Roberts isn’t a ringer and we get another Gorsuch or Alito then we will have the first conservative Supreme Court since before I was born. In fact, we haven’t had a truly conservative Supreme Court in over a hundred years. Can you imagine if SCOTUS decides that all the Constitutional mandates that the activists judges have discovered over the last fifty years (abortion, gay rights, gay marriage, affirmative action, federal encroachment on States’ Rights, assaults on the First and Second Amendments) are not? And instead throws these decisions back to the states to decide? That would be a revolution. It would mean that instead of one homogeneous culture there would be several. And that might be the beginning of a great unraveling. Or it might be the occasion for a rethinking of many policies that were thrust onto the people from above by an elite that thought it was the best and the brightest and therefore ought to prevail against the will of the people. In places like Texas, Utah and the Old South more conservative populations would be allowed to live the way they wanted without the federal government harassing and scolding them for their values. To my mind that would come very close to restoring America to its essential virtue, a place where you are free to live the way you want without the government constantly interfering. And that sounds more or less like heaven to me. So, here’s hoping the math works out. Let’s hope the final sum is a positive. I’m tired of negative.