The Supreme Court’s repeal of Roe wasn’t shaped by a moral concern for the life of the unborn any more than the people who supported it have a concern for the welfare of the child after its born.
This court is a flawed institution. The last two justices obfuscated when asked if they if they would respect stare decisis, “to stand by things decided.” They implied they would, yet they voted to repeal a constitutional right for the first time in U.S. history.
Senator McConnell’s games were just more evidence that the political nature of the appointment process contaminates the quality of the court’s decisions. As an example, they take away rights guaranteed by the Fourteenth Amendment and hand them off to the states. Then they enforce the Second Amendment rights over the authority of the state to limit the spread of guns in New York.
The current goal of the court seems to be to minimize the power of the Federal Constitution and hand it off to the States when it suits their political philosophy.
But to take a rational view, the real issue is how to govern a federal government. “A federal government is a system of government that divides the power between a larger central government and the local and regional governments beneath it. […] Perfect examples are those that function best with a broad diversity among its citizens, where a common culture still exists, which ties everyone together.” (Source: legaldictionary.net) Unfortunately, that common culture is in dire disrepair in the U.S. because the political right can’t seem to separate their religious beliefs from their politics.
“The Equal Protection Clause (of the 14th amendment) requires each state to provide equal protection under the law to all people … within its jurisdiction. This clause has been the basis for many decisions rejecting irrational or unnecessary discrimination against people belonging to various groups.” (Source: Wikipedia)
For instance, landmark decisions such as Brown v. Board of Education (1954) regarding racial segregation, Roe v. Wade (1973) regarding abortion (since overturned), Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage.
This latest action by SCOTUS is yet another move in the direction of the union’s dissolution back into a loose confederation of states. (Think Europe.)
The Republican Party is playing the long game. They now have a majority in the Supreme Court. Their American Caesar is Donald Trump. The main plank in their political platform is Christian Evangelical extremism, more properly called White Nationalism. The majority of them believe in a stolen election. The January 6th committee hearings are exposing Trump’s corruption. Yet approximately 50 million people refuse to acknowledge it because it doesn’t fit their narrative that our “corrupted democracy” should be suspended and taken over by them, a minority party.
This SCOTUS action is just another step in that direction taken by a court that represents the will of a minority of Americans. “Pew Research Center has conducted many surveys about abortion over the years, providing a lens into Americans’ views on whether the procedure should be legal, among a host of other questions. In our most recent survey, 61% of U.S. adults say abortion should be legal all or most of the time…” (Source: Pew Research.org)
Finally, I guess saying our culture is in dire disrepair is an understatement. “Colton Duncan, a consultant for far-right Arizona gubernatorial candidate Kari Lake wrote that pro-choice protesters are “Nasty, ugly gender-confused animals” intent on “torch[ing] American cities” and doing “everything they can to tear down the fabric of America.” “They should be shot. …If you live in a big city, arm yourselves, Get ready to defend your homeland. Because the enemy is at the gate. If they threaten you or your livlihood [sic]…shoot to Kill.” (Source:Rawstory.com)
Again, there’s nothing uglier than a sore winner.