When the Supreme Court’s 2018-19 term came to an end, it was abundantly clear that, as Daniel Horowitz recently explained, we are nowhere near a conservative majority at the nation’s highest court. Two issues where this is most obvious is the continued threat we are witnessing to religious liberty at the hands of LGBT tyrants and the slaughter of the innocent unborn.
If this comes as a surprise to you, it’s most likely because you’re so wrapped up in the Trump/McConnell lie about how they’re single-handedly saving the judiciary to realize the exact opposite is true.
Another reason this may have escaped your notice could be the modus operandi incorporated by the Supreme Court where they refuse to hear appeals on cases involving religious liberty and abortion, thus allowing the lower courts to do the dirty work of dismantling our constitutional rights without the higher court dirtying its hands.
Most troubling to me has been the obvious deference the so-called conservative Supreme Court has given to the lower courts with cases involving abortion. In the term that just ended, the Court Trump promised to fill with “strict constructionists” who will defend life refused to hear several abortion-related appeals.
The first occurred early in the term when Brett Kavanaugh joined the Court’s left-wing and Chief Justice Roberts — but I repeat myself — to reject appeals by Louisiana and Kansas seeking to end funding of Planned Parenthood via Medicaid. Instead, the lower court ruling preventing them from defunding the baby butchers was allowed to stand.
In May 2019, the Court ruled 7-2 in favor of an Indiana appeal dealing with how to dispose of the bodies of aborted babies — it’s OK to rip apart and murder an unborn baby so long as you “humanely” dispose of the corpse — but rejected Indiana’s appeal of a lower court ruling that blocked a law that made “selective” abortions based on race, gender, or a Down’s Syndrome diagnosis illegal.
And we just learned the Supreme Court will not hear an Alabama appeal in the next term of a case involving a law banning dismemberment abortions after a lower court ruled the law unconstitutional based on Supreme Court “precedent” — a decision that prompted Justice Clarence Thomas to openly rebuke his colleagues for not taking the steps necessary to keep the abortion issue from “spiraling out of control.”
There’s been a lot of misguided excitement lately about state-level laws banning abortion like those recently passed in Georgia and Alabama — not because they end abortion, but because they were written in a manner guaranteed to be overturned by the lower courts and hopefully heard on appeal by the Supreme Court.
Besides being little more than Republican election-season pandering for votes and donations, this scheme will most likely fail. The Supreme Court clearly supports the “right” to murder an unborn child and has shown little willingness to protect that child’s constitutional rights. Based on their track record, it’s highly unlikely the Court will accept appeals on these or any other abortion laws ruled unconstitutional in a lower court.
If you’re under the delusion Trump and the GOP are “saving” the courts, or if you’re clinging to the hope the Supreme Court will overturn Roe v. Wade, you’re little more than a Trump-loving enabler of the Swamp monsters destroying America.
David Leach is the owner of The Strident Conservative.
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