Last week, an anonymous source violated generations of United States Supreme Court rules by submitting to the site Political
the draft decision by Judge Samuel Alito in the Dobbs v Mississippi case – case dealing with the overturning of the decision that allowed abortion in the country, in 1992.
The decision, which apparently has a majority of the court, including the support of judges Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, totally nullifies the ruling in Roe v Wade and denies the existence of any constitutionally guaranteed “right to abortion”.
Majority opinion also overrules Planned Parenthood v. Casey (1992), which replaced the vague and impractical term of “undue burden”, used to determine whether a law that restricts abortion was unconstitutional as far as the one-trimester limit set in Roe v. Wade.
“The Constitution does not prevent the citizens of each state from regulating or ban abortion. The Roe and Casey cases usurp that authority,” writes Alito. The judge, of course, is right. The Roe case is a legal aberration with no basis in the constitutional text, in the history of the country and without legal precedent.
The Supreme Court only usurped power in order to impose its political opinion on millions of Americans. The Roe case did not end the abortion controversy. It paralyzed the debate, preventing states from adopting voter-friendly regulations. Overturning the decision would simply return the abortion issue to the states. New York would continue to allow abortion until delivery, while Texas would prohibit any and all abortions.
According to the left, however, the end of legalized abortion in the United States would create a fascist scenario. President Joe Biden called the decision “radical” and said, “The idea of letting the states make these decisions (…) would be a drastic change in what we’ve been doing.”
Senate Majority Leader Chuck Schumer said the decision marked “a dark and disturbing day in US history.” , even with the Democrats threatening to obstruct the votes until making the permission of abortion a federal law.
Senator Elizabeth Warren said she was furious. “Republicans have been working for this for decades. They plotted, carefully cultivating Supreme Court justices in order to have a majority capable of making a decision rejected by most Americans,” he said.
Of course, Warren is unwilling to explain why he is opposed to allowing citizens to vote on the issue, since they are so supportive of abortion liberalization. But the answer is clear – as clear as why the left was reassured by the draft leak: democratic rules, the Constitution and principles are useless. What matters is the outcome.
The left sees the Supreme Court as an institution that has championed progressive measures for decades. The ruling in Dobbs v Mississippi would return the court to its original role: that of impartial arbiter of the law, not a kind of leftist superlegislative. And the left does not support that possibility. She prefers a Supreme Court that enforces leftist social priorities with top-down decisions.
This is especially clear when it comes to abortion, the greatest sacrament of the Left and a sacred gesture for them. For the left, abortion represents the power to deny the objective value of human life; it represents a willingness to indulge in the highest form of self-congratulatory moral relativism. The prohibition of abortion indicates the possibility that actions have moral consequences, that the value of life is not arbitrary and subjective, that men and women have duties towards their children. All of this challenges the left’s worldview.
Subject this logic to the will of the electorate is an idea that the left does not condone. And she will use every weapon in her arsenal to avoid that possibility.
Ben Shapiro is host of the “Ben Shapiro Show” and editor emeritus of the Daily Wire.
©2022 The Daily Signal. Published with permission. Original in English
