Roe is one of the worst SCOTUS decisions in history and deserves to be tossed

Yes, I know oral arguments can be deceiving. But it sure seems like the U.S. Supreme Court has at least five votes to throw out Roe v. Wade.

This revelation, of course, has sent the American left and the media into an absolute frenzy. Apparently, when things don’t go their way, the very stability of our governmental institutions is at stake. 

The crazy talk started from the bench itself. During oral arguments in Dobbs v. Jackson Women’s Health about Mississippi’s 15-week abortion ban, liberal Justice Sonia Sotomayor made a speech fit for a politician. She questioned the continued legitimacy of the branch of government in which she serves.

“Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts? I don’t see how it is possible," Sotomayor said.

One of the nine most powerful lawyers in America thinks it isn’t “possible” for the Supreme Court to “survive” unless it upholds abortion, forever and ever. Hinged. Totally hinged.

Following the arguments, radical liberal Rep. Alexandria Ocasio-Cortez of New York joined in the fun on Twitter, unfurling a string of false invective and historical stupidity that ended with a threat.

“Reminder that Brett Kavanaugh *still* remains credibly accused of sexual assault on multiple accounts w/ corroborated details & this year the FBI admitted it never fully investigated. Yet the court is letting him decide on whether to legalize forced birth in the US. No recusal. Out of 9 justices, 3 were appointed by a man who tried to overthrow the US government (& elected via minority). Those 3 will decide whether the US will legalize forcing people to give birth against their will. Legitimacy requires consent of the governed. They are dismantling it,” Rep. Ocasio-Cortez ranted.

Let’s unpack this. First, all the Supreme Court Justices were appointed by “a man,” including the ones Ocasio-Cortez presumably likes. Second, Kavanaugh was never “credibly” accused of anything, and no details of the allegations against him were ever corroborated. Third, he is a member of the Supreme Court so, yes, I suppose they are “letting” him decide the case because, you know, he showed up for work that day. 

Three justices were indeed appointed by President Donald Trump, who did not receive a majority of votes in his 2016 election victory — he won 46% en route to 304 Electoral College votes (AOC doesn’t like the Electoral College, either). President Bill Clinton, of course, earned just 43% of the vote in 1992 before appointing Stephen Breyer to the bench in 1994. Should Breyer have recused as well? Fine with me. In fact, let’s go back in time and strike all his decisions from the record.

Finally, Cortez’s threat that she, as one of the “governed” would not give her “consent” to a Supreme Court that displeases her is an attack on the Constitution itself. An elected official trying to sideswipe the constitutional order because they didn’t personally like the outcome produced by one of its institutions is quite a chilling threat. Where have I heard this before? Can’t quite put my finger on it…

Dangerous criticism isn’t just coming from backbenchers like AOC. When the Supreme Court considered a Louisiana abortion law last year, Sen. Chuck Schumer — now the Majority Leader — took aim at sitting justices by name on the court steps. They would “pay the price” if impartial justice didn’t bend Schumer’s way. 

Not to be outdone, the media joined the dogpile. Prominent voices ranted about the fact that the Senate exists and dared to confirm three justices during Trump’s presidency.

“The three … confirmed by senators representing less of the country’s population and who had received fewer cumulative votes than those who opposed the nominations,” wrote Philip Bump in the Washington Post.

This is a dumb trope, deployed ad nauseam by “smarter-than-you” media types and Democrats who are tired of losing but can’t figure out how to win.

“The Senate similarly rewards less populous, more rural — and more Republican — states with disproportionate power,” Bump continued.

The Constitution, of course, set up the Senate to represent the interests of the states, regardless of their rural or urban nature, population or anything else. Each state gets two, and the body is entrusted with confirming Supreme Court Justices. But while we are on the subject, why does Bernie Sanders of Vermont, a small rural state with a population of 623,000 citizens, get as much say as Ted Cruz, who represents 29 million Texans? It’s an outrage! Cruz should get at least 46.5 times as many votes as Bernie!

Finally, the polls. The entirety of the left wails about the supposed popularity of abortion as an argument for why a legal case should be decided a certain way. Is this really the standard you want for American jurisprudence? Of course not. But if abortion is so popular, the left should have no trouble at all winning virtually every election at every level of government in the upcoming midterm.

The very people who repeatedly “sounded the alarm” about American institutions since Donald Trump came down his escalator are shaking the very foundations of those same institutions. And all because they were presented with the possibility of an outcome they may not like on an issue that apparently means more to them than any other – the ability to kill viable children for the sin of having been conceived but not born.

If the Supreme Court strikes down or significantly alters Roe, it will be a validation of institutional strength in our democracy. The 1973 decision was invented out of whole cloth; there is no mention of abortion in the Constitution, despite what the left wants you to believe. There is no secret pro-abortion message embedded in the 14th Amendment of the Constitution, the fig leaf which covers the naked power and money grab by the abortion lobby and its political supporters.

Roe stands among the worst decisions in Supreme Court history, deserving to be tossed upon the ash heap. The political questions of abortion can be sorted out by our political institutions in Washington and state capitals across the country, run by politicians who are elected by and therefore responsive to the people.

If you believe in institutional strength, then believe in this Supreme Court’s legitimacy and in its chance to right a historical wrong by sending the question of abortion back to its proper political venues. And reject those on the left who are waging a damaging assault on our constitutional order with their irresponsible, anti-institutional rhetoric.