By Gary Bennett
After nearly 50 years as the law of the land, it seems the end of Roe v. Wade is upon us. Who could have seen this coming? As it turns out—everyone.
It doesn’t matter that nearly two-thirds of Americans support a women’s right of bodily self-determination. This day has been inevitable ever since Justices Gorsuch, Kavanaugh, and Barrett ascended to the Supreme Court under disgusting (even for politics) circumstances. We should never forget the rank political maneuvering that got them there and brought us to this day.
Gorsuch was appointed by Trump after then senate majority leader Mitch McConnell refused to even give Obama’s pick, Merick Garland, a hearing nine months before the 2016 presidential election. For nearly a year the Court operated with eight justices. Then McConnell turned around and rushed Kavanaugh through despite believable allegations of sexual misconduct that were never fully investigated. Not to be outdone, he then pushed through Barrett just seven weeks before the 2020 election that Trump would lose and during (during!) early voting for president. The hypocrisy (again, even for politics) has been stunning.
This whole sordid affair has never gotten the attention it deserves. It is court packing, pure and simple. One could hardly blame Biden if he were to immediately name and push through three or four new justices. There is nothing but howls and screams from the right to stop him. Of course Biden would never do this but since the right only understands scorched-earth politics, the left should abide.
One might wonder how mitch McConnell sleeps at night but then you remember who we’re talking about. If there was ever a person singularly interested in obtaining and keeping raw political power no matter the consequences and who it tramples, it is him. He admits as much.
I’ve written before in this paper that the majority leader in the Senate, no matter the party or person occupying this made-up office that is not even mentioned in the Constitution, has too much power. In the case of McConnell, he was singularly making decisions that affected all Americans based on the electoral wishes of a majority of a small southern state’s voters. I never got a chance to vote for McConnell or McConnell’s opponent, and probably neither did you.
Now, with this new precedent, it would not surprise anyone if the right-leaning Court begins to systematically chip away at same-sex marriage, LBGTQ rights, and even the separation of church and state. And, if the GOP gains control of both houses and is able to win the presidency in 2024, the complete and total end of abortions in the U.S. for any reason would likely become a reality no matter what most Americans think. Iron-fisted rule by a loud minority over a quieter, less organized majority is, historically, how democracies begin to crumble.
I clearly remember the day in 1973 when the Supreme Court found in favor of Roe, and suddenly, receiving and performing abortions were no longer a crime. The ruling, while critically important, did not throw the country into crisis mode. It even felt like a compromise in some ways. Even the most callous of citizens agreed that, if we had to have abortions, better they be performed safely by trained clinicians than in some dark alley by someone with little or no training or by the desperate women themselves. Red states were even able to put some restrictions in place, but it seemed like everyone could work with that. Those kinder, gentler days seem to be gone forever.
