It’s no secret that the Democratic Party has long used the strategy of legislating via the judiciary. Via the courts, they’ve managed to get laws they don’t like overturned and get laws that couldn’t be passed created.
But then Donald Trump was elected, and, with the help of then-Senate Majority Leader Mitch McConnell (R-Ky.), he managed to transform the judiciary, including the Supreme Court, from an activist branch to one much more favorable to conservatives and the Constitution.
And now, Democrats are furious. Weeks after the overturning of Roe v. Wade, Democrats are having hissy fits, and a group of House left-wingers, led by Rep. Alexandria Ocasio-Cortez, is calling House Speaker Nancy Pelosi (D-Calif.) and Senate Majority Leader Chuck Schumer (D-N.Y.) to strip the Supreme Court of any jurisdiction over abortion.
If you don’t understand, don’t worry; it doesn’t make sense.
“We write to urge your support for restricting the Supreme Court’s appellate jurisdiction in the areas of abortion, marriage equality, non-procreative intimacy, and contraception,” AOC’s band of pro-abortion Democrats wrote in a letter to Pelosi and Schumer. “In doing so, we can ensure that, as Congress takes legislative action to codify each of these fundamental rights, a radical, restless, and newly constituted majority on the Court cannot further undermine the protections we would enact.”
This letter comes on the heels of House Democrats passing legislation to codify abortion rights in federal law, which these Democrats are now concerned won’t pass constitutional muster.
“The House of Representatives already passed the Women’s Health Protection Act (“WHPA”) last fall to codify the constitutional right to abortion, and if this bill becomes law, we can expect that legal challenges will eventually come before the Supreme Court again. Once more, the constitutional right to abortion would be put at risk,” their letter continued. “We are concerned by the Court’s dismantling of other statutes duly enacted by Congress, including the Voting Rights Act and the Clean Air Act.”
Their solution? Just wave a magic wand and strip the court of the authority to rule on abortion law.
“As we Democrats plan for further legislative action to protect and enshrine abortion rights, as well as the three other fundamental rights called into question in Justice Thomas’ concurring opinion in Dobbs, we urge the exercise of Congress’ constitutional powers under Article III to include language that removes the Supreme Court’s appellate jurisdiction over such legislation.”
Related: Don’t Like the SCOTUS Decisions This Week? Blame a Greedy Liberal
Democrats have argued that the public strongly supports abortion rights—which isn’t entirely true—and abortion is therefore sacrosanct and should be legal without any restrictions. They must not see the irony that Republicans could make the same argument about election integrity laws, particularly Voter ID laws, which are overwhelmingly popular, yet routinely challenged by leftists and overturned by activist judges. Suddenly what’s good for the goose is not so good for the gander, huh?
There is no consistency from the left. After years of relying on the courts to thwart duly enacted laws they didn’t like, they now want to strip the high court of having the power to thwart duly enacted laws they do like. It’s the filibuster all over again. They loved the filibuster when they were the minority party in the Senate. When Republicans were in the minority, they suddenly hated the filibuster and would eventually nuke it.
It all boils down to the inescapable truth that Democrats don’t respect our nation’s institutions and will attempt to reshape them into a system that works only for them any chance they get.
