The Left Is Trying to Flip the Script on Judicial Activism

AP Photo/Anna Johnson

There was a point after the leak of the draft opinion of Dobbs v. Jackson Women’s Health Organization where things chilled out for a while. Yes, the pressure campaign against the conservative justices on the court continued, but, for the most part, people were talking about other issues. Why? Go to the grocery store or the gas station, and you’ll see why.

I’m looking forward to the days when the outrage mob settles down and people remember that far more pressing concerns are facing the nation. It’ll happen, but Democrats have to raise money for their campaigns, so the fearmongering will probably go on for a little while.

And boy, is it being dished out in abundance. Of course, we’ve all heard the usual rhetoric, with leftists implying that abortion is suddenly illegal, or that women are now second-class citizens, etc., etc. — you know, the typical moronic talking points. But an article featuring triggered leftists bemoaning the Supreme Court gave me a chuckle this morning.

Related: SCOTUS Gun Ruling Brings Out the Clowns of New York. Kathy Hochul Hardest Hit.

Edward Fallone, an associate professor at Marquette University Law School in Milwaukee, Wisc., discussed the Dobbs decision with The Guardian and called the court’s ruling “extremely undemocratic.”

“You now have the least democratic branch of the federal government on an ideological agenda to roll back liberties that are extremely popular with the general public in America,” he said. “It is a recipe for potential unrest, certainly demonstrations and political turmoil, as they seem intent on a course of action that will run counter to the will of the public.”

David Smith of The Guardian even had the audacity to call the recent rulings by the court “judicial activism.”

Now, that’s cute — leftists complaining about judicial activism. Cry me a river. Leftists have been relying on judicial activism for decades to impose their agenda or block laws they don’t like. President Trump couldn’t even turn around without liberal interest groups challenging him in the courts.

While I’ve already pointed out that support for Roe v. Wade is far more nuanced than liberals will admit, it is utterly disingenuous for anyone on the left to complain about something they think is popular being overturned. This is the modus operandi of the left.

Perhaps the most notable example of this is Voter ID laws. Various states have overwhelmingly passed Voter ID laws to protect against voter fraud. These laws are always immediately challenged by left-wing groups, and many have been overturned by left-wing judges, even though a whopping 80% of Americans support voter ID laws. Prominent Democrats claim that Voter ID laws are racist and disenfranchise minorities, yet there is no evidence that voter ID diminishes the ability of anyone to vote. And 78% of African-American voters support voter ID laws.

But liberals are trying to flip the script on judicial activism? Give me a break. Voter ID laws are popular — more popular than Roe v. Wade, I might add — yet they are consistently targeted by left-wing activists in the courts. And they’re often overturned by left-wing judges over bogus allegations of voter suppression and racism. That’s judicial activism.

Creating the right to abortion out of thin air despite it not being anywhere in the Constitution? That’s judicial activism.

The court’s ruling in Dobbs, however, wasn’t judicial activism. Heck, one could argue it wasn’t even a pro-life victory as much as it was a victory for federalism. Pro-abortion leftists will nevertheless make false claims of judicial activism to undermine the court for daring to make a ruling they didn’t like.



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