This leak from the SCOTUS that indicates they might overturn Roe v. Wade isn’t an accident. It likely was about trying to gin up the anger from liberals to be able to have a focal point for November. They were going into November with a very unpopular person in the White House, failed policies, record-high inflation, and Democrats who had no interest in voting or who might even be flipping to Republican. And naturally, they’re not even being honest about what this decision may mean — that even if it turns out to be the final decision, the “choice” is given back to the states. If they believe they have the majority, then they can pass laws based on that — that’s the way the system is supposed to work, without legislating from the bench.
Now, Joe Biden has made an official statement on the SCOTUS leak in which he gives the game away. Not only is he commenting on an incredibly important ongoing case — something he should never do in his position. But he’s also ginning up the situation still more to use the leak to hype voting for Democrats in November. That’s what all this was about — to fire up the left.
We do not know whether this draft is genuine, or whether it reflects the final decision of the Court.
With that critical caveat, I want to be clear on three points about the cases before the Supreme Court.
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First, my administration argued strongly before the Court in defense of Roe v. Wade. We said that Roe is based on “a long line of precedent recognizing ‘the Fourteenth Amendment’s concept of personal liberty’… against government interference with intensely personal decisions.” I believe that a woman’s right to choose is fundamental, Roe has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned.
Second, shortly after the enactment of Texas law SB 8 and other laws restricting women’s reproductive rights, I directed my Gender Policy Council and White House Counsel’s Office to prepare options for an Administration response to the continued attack on abortion and reproductive rights, under a variety of possible outcomes in the cases pending before the Supreme Court. We will be ready when any ruling is issued.
Third, if the Court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose. And it will fall on voters to elect pro-choice officials this November. At the federal level, we will need more pro-choice Senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law.
What was that about the norms again? The leak has already put the Court and the Justices in danger. Now, Biden is increasing that with his comments, saying that “basic fairness and stability of our law demand that it not be overturned.” Notice what’s missing there? The Court is supposed to be about the Constitution and not legislating from the bench. It’s not about complying with the mob, politics, or “fairness.” Roe v. Wade was legislating from the bench, which is why the Court would throw it back to the states to do the legislating (if this decision remains the same). It’s not outlawing abortion — it will depend upon what the states (and the people’s representatives) decide, as it should have been from the beginning. This is putting this in the hands of the people. So if you think about it, the left — who is against this — is really against having people choose. They’re anti-choice.
What’s ironic about all this is that once upon a time — before Biden had gone completely over to the left, when he was more in line with the majority and maybe closer to his Catholic origins — he pushed for a constitutional amendment that would overturn Roe v. Wade and allow states to choose their policies on abortion back in 1982. He also voted against abortion funding — a lot.
Biden’s evolution is further evidence of how far left the Democrats have gone. His prior actions were before he needed the left to get power. We’ll have to see how much this energizes the liberals to come out to vote. I’m not sure that it will be enough to save them, but it may be all they have left to throw out there at this point. Because in the final analysis, people almost always vote with their pocketbooks and that isn’t looking good for the Democrats.