POSSIBLE SCOTUS REVERSAL OF ROE V. WADE- IT'S ALL ABOUT THE MIDTERMS

Last night Politico leaked a draft brief from SCOTUS (the Supreme Court of the United States), written by Justice Alito, that suggests SCOTUS may reverse the Roe v. Wade decision and put the decision about abortion rights back to the individual states to decide. In the hours since we have seen all sorts of extreme rhetoric from the Democrats about the harm this will do to women, how the SCOTUS needs to be packed with liberal judges and a variety of other measures:

This has nothing to do with abortion, and everything to do with packing the Court to enact legislation that will enable Democrat control. If people are angry or upset about abortion, it is because Democrats themselves chose to ignore the fact that Supreme Court decisions can be overturned, and have done nothing, since Roe V. Wade was delivered in 1973, almost 50 years ago. It is no small coincidence that this is all occurring 6 months from what all polls tell us will be a disastrous Midterm election for the Democrats.

But let’s revisit SCOTUS decisions for a minute. Are Democrats now actually claiming that unconstitutional laws need to stay in place forever? The beauty of our Constitution and our process of Government is that it is self-righting when needed. More than 300 times SCOTUS decisions have been overturned. Decisions later deemed unconstitutional do not stay in place forever. There is a process, and rules that are followed, that allow them to be changed. Why is Roe V. Wade different than (say) the Dredd Scott decision in that regard? Should Dredd Scott still be law?

The Roe V. Wade decision was delivered on January 22, 1973, two days after Richard Nixon’s (second) inauguration. At the time Congress was controlled by the Democrats with 242 (D) – 192 (R) in the House and 56 (D) – 42 (R) in the Senate. Democrats could have taken that decision and passed legislation codifying the decision in law. While Democrats did not have a veto-proof majority in the Congress, any legislation on the issue would have forced Nixon to sign or veto it. Nixon may have signed the legislation to try to stave off impeachment over Watergate. But Democrats chose to do nothing.

After the 1976 election of Jimmy Carter Democrats controlled the House and the Senate. With complete control of the 3 branches of Government, they had the power to enact any legislation they desired. Yet they chose to ignore any legislation about abortion.

Ironically when Ronald Reagan came into power in 1981, Senate Republicans tried to enact legislation to overturn Roe V. Wade, not to ban abortion, but to send it back to the states to decide. Ironically, one Senator who voted in favor of doing that in the Senate Judiciary Committee was none other than Joe Biden. My how times have changed.

That legislation never made it to the full Senate and no similar measure was passed in the House. By the last two years of Reagan’s term, Democrats controlled the House and Senate, as they did throughout George H.W. Bush’s entire 4 years. But still, Democrats chose not to push any legislation to codify Roe V. Wade into federal law.

After election in 1992, Bill Clinton came into office with a majority in the House and Senate. So, like the Carter Admin, Democrats could have passed any legislation they wanted, but they did nothing. If this was so important to Hillary as she is suggesting today, maybe that should have been what she worked on instead of the healthcare task force that cost Democrats the House in the 1994 Midterm elections.

The same was true with Obama’s first two years in office. Democrats again controlled the Presidency, the House and the Senate, yet never passed legislation codifying Roe V. Wade.

Now news comes that the SCOTUS may decide that Roe V. Wade should be decided by the individual states. No language in the brief suggests abortion should be illegal or banned in the country. SCOTUS is saying that because it is not something enumerated in the Constitution, laws about it should be decided by the individual states. Justice Alito’s language is quite clear: “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” How is that “un-Constitutional”?

It isn’t un-Constitutional of course, but this will be the rallying cry on the Left to stack the Court to control future legislation. This is the epitome of never letting a crisis go to waste. Anyone else wondering if the midterms just got thrown into question?

Does anyone honestly believe abortion will become illegal throughout the US? Already this morning California has announced they will seek a State constitutional amendment allowing abortion. Liberal states like WA, NY, NJ, MA (and I am sure many others) will likely do the same. Will some states ban it outright? That will probably happen also. That is how states’ rights work. Isn’t that why some people choose to live in certain states, because the laws of those states more closely align with their beliefs?

But make no mistake, the Democrats’ collective freak out on this issue is them ignoring their own history and their own failures. If this was such a critical issue, they would have done something about it in 1977, or 1978, or 1979, or 1980, or 1993, or 1994, or 2009, or 2010, or 2021. They have many times had the power to do something, yet they chose not to. But this has little to do about abortion rights and has everything to do with them continuing to control Government.

Don’t let them scream otherwise today.