The Alito 5 must stay the course
This is what much of the Conservative party and movement has fought, worked, marched and prayed for for half a century.
United States Supreme Court Justice Samuel Alito listens to President George W. Bush’s speech at the Federalist Society’s 25th Anniversary Gala Dinner at Union Station in Washington, DC, November 15, 2007. ( Saul Loeb/AFP via Getty Images)
In February, five Supreme Court justices voted behind closed doors to strike down Roe vs. Wade and return the abortion issue to the states, where it resided until 1973. Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett had all signed the reversing majority opinion deer which had been written by Judge Samuel Alito.
The right to life movement was only weeks away from a resounding victory in its half-century struggle to overthrow deer. This suggests that the flight to Policy of Alito’s project was the work of a saboteur seeking to derail the court’s course with the media explosion he knew it would unleash. Whoever leaked Alito’s project, it was a breach of oath, an unethical act, and a betrayal that should see the author disgraced and expelled. definitely from the practice of law.
But the crucial question now is for the Alito Five, even if not tied to the exact language of Alito’s opinion, to stay the course until the decision is made in late June. Because, on the merits of the abortion issue, Alito’s opinion is dead on:
“deer got it completely wrong from the start. His reasoning was exceptionally weak and the decision had damaging consequences. And far from achieving a national settlement of the abortion issue, deer… fiery debate and deep division. It is time to respect the Constitution and return the question of abortion to the elected representatives of the people.
“We hold that deer…must be cancelled. The Constitution makes no reference to abortion, and no such right is implicitly protected by a constitutional provision.
Indeed, at the time of deerJanuary 1973, the United States had long punished “abortionists”, and the laws under which they were prosecuted were “stimulated by the sincere belief that abortion kills a human being”.
The nation remains divided, and the issue is best decided in this democracy, Alito argues, not by unelected Supreme Court justices, but by democratically elected representatives of the American people.
Pro-abortion Democrats say a woman’s “right to choose” must remain paramount and sacrosanct. But the “right to choose” what?
As President Joe Biden just described it bluntly this week, it is the right to choose “to abort a child.”
But at what point in pregnancy does the unborn child’s right to life outweigh the woman’s right to abort that child? And who decides?
A New York Times map on the front page this week shows that if deer is reversed, states with liberalized abortion laws such as Illinois, California, Oregon, Washington, New York, and most of New England would not be significantly affected. These are the Republican States, the Trump States, the Western and Southern Mountain, where the overthrow of deer will free Christians and social conservatives to write the regulations and restrictions that have been abolished and banned by the Supreme Court decision in deer.
These states are those where the post-deer wars on abortion will take place. But isn’t that how a democratic republic is supposed to work?
Remarkable, isn’t it? Those who keep talking about right-wing threats to “our democracy” are today the loudest and most insistent that abortion not be returned to the states for the people and their democratically elected representatives to decide.
While the Democrats are seeing their base revitalized today, we are six months away from the election. And if Alito’s bill becomes law, pro-choice Democrats will have to maintain their outrage and fight political battles in virtually every red state.
Republicans and pro-life conservatives should support the Alito Five and what they have done and hopefully are about to do. For that is what much of the Conservative party and movement has been fighting, working, marching and praying for for half a century.
Yes deer is knocked down, it never comes back. It’s gone for good. No Supreme Court will ever restore it. It will be on the ash heap of history, as President Ronald Reagan said.
If Biden, the House of Nancy Pelosi and the Senate majority of Chuck Schumer want to make abortion the issue of 2022 by passing a federal law codifying Roe vs. Wade, if they want to die on this hill, it’s their decision. Democrats say 60% of the nation wants deer preserved and only 1 in 5 Americans want deer reversed. Why, then, do they not pass this law codifying deer at the national level and rely on deersupporters of producing pro-choice laws in states where they do not exist today?
If the Alito draft opinion survives and deer is reversed, pro-lifers will have many people to thank. Foremost among these are President Donald Trump, who elevated three of the five justices who voted with Alito to the Supreme Court, and Senator Mitch McConnell, who ensured that only those three made it to the Supreme Court.