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Preemptive Strike on Supreme Court?

Posted on Monday, December 6, 2021
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by AMAC, Robert B. Charles
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supreme-Court

Simmering down … is better than threatening “revolution.”

The Supreme Court is preemptively under fire, liberal non-lawyers in Congress – like Senator Jeanne Shaheen (D-NH) and Congresswoman AOC (D-NY) – threatening the Court, saying Roe v. Wade (1973) must be upheld “or else” expect “a revolution.” Such hysteria is bad for America. Simmering down is better. See, e.g., Dems threaten Supreme Court over abortion – their ‘revolution’ will destroy fair, impartial judicial system.

Even if you are pro-abortion, pause to understand six facts. If logic matters, if the binding force of our Constitution prevails, these facts should matter to you.

First, a preemptive rush to delegitimize the Supreme Court – based on the idea that five justices may favor removing the constitutional protection for abortion after 15 weeks – will backfire.

Since 1937, thousands of cases (many liberal) have been decided by the High Court, following the Marbury v. Madison (1803) prerogative to “say what the law is” and Constitution requires. Since 2007 alone, 991 cases have been decided, 76 a year. They cerebrally settled deep disputes.

If we delegitimize the High Court, we delegitimize all cases – countless holdings that evolved by reference to balancing facts and law in the context of precedent. Neither new facts nor old precedents are dispositive. If we dump one for the other, we undermine the rule of law itself.

Second, old precedents have limits – always have. They can outlive their time. The Court takes their best understanding of unchanging words and applies this understanding to new facts, recognizing that “getting it right” includes assuring some predictability.

That said, a precedent legally wrong is often overturned in favor of wider understanding. Thus, the 1896 case of Plessy v. Ferguson, upholding racial segregation on “separate but equal” was overturned – on moral and legal grounds by Brown v. Board of Education, in 1954 – christening the Civil Rights movement.

While the two cases were 58 years apart, Plessy had to go, Brown governed. The precedent could not prevent the progress or divert from moral review. The prior miscarriage of justice could not stand.

Roe v. Wade has stood for fewer years than Plessy did. Nothing in law, as lawyers know, prevents the Supreme Court from reexamining law in the context of changes. If it did, Plessy would stand.

Third, the central premise of Roe v. Wade – that abortion was determined by trimester and somehow protected constitutionally – was shaken in 1992. In Planned Parenthood v. Casey, the Supreme Court kicked the legs out from under Roe’s reasoning.

In that case, a complex mish-mosh of majority, concurrences, and dissents, divided across the opinion, ended the idea of abortion rights pinned to trimester, threw out “strict scrutiny,” invented “viability” at 24 weeks.

In other words, abortions already can be constitutionally restricted after “viability,” without offending the Constitution. This can be done so long as no “undue burden” on the “life or health” of the mother. A state interest is recognized in protecting pregnant women and unborn children.

So, why are we here? Because Casey‘s ruling, which narrowed Roe’s “constitutional right,” was a messy case, which has led to many interpretations. Liberals resist the idea that states have an interest – which supersedes any abortion interest – in protecting unborn children.

In other words, liberals want to keep the right to abort the child – and make it a federally guaranteed constitutional right – at any time, which is not what the Casey plurality said, co-written by the first female Supreme Court Justice, Reagan appointee, Sandra Day O’Connor.

Fourth, easily misunderstood – or easily blurred – is another fact. Reversing Roe v. Wade, or further narrowing the inferred right, as Casey did, does not end a state’s right to permit abortion.

In fact, Democrat-led states, such as New York, have inexplicably pushed the limits, allowing the killing of a child late-term and at birth, something no Supreme Court ever advised. Sadly, misinterpretations, misplaced priorities, and moral ambivalence allowed that development.

Fifth, the Supreme Court is independent. Something more than just distasteful, almost intentionally coercive, attaches to the idea that a politician should rise in the public square, as many leading Democrats are now, and threaten judicial independence.

Upholding one’s oath to the Constitution should mean respecting, not overtly threatening, those who sit on the High Court or that body’s legitimacy within the constitutional framework.

Finally, non-lawyers steeped in political gamesmanship, quick to get personal and apply undue pressure, or animated by the vim, vigor, and vitriol of politics – have no place in the judicial system, a process of dispassionate, juridical review, especially at the constitutional level.

So, if you think about what is at stake, as abortion rights are reviewed on a constitutional basis – the reality is different from what one finds in Congress, or even opinionated town squares.

This is not about who can apply pressure through entreaties, threats, promises, vilification, or preemptive condemnation. Not at all. This is about the rule of law, respect for institutions, and the Constitution, whether we still believe in it. We must, for the Republic’s sake, whatever our political views. Simmering down … is better than threatening “revolution.”

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Ashlee
Ashlee
2 years ago

Well put and a must read for anyone to understand the purpose of the Supreme Court and how wrong AOC and Democrats are in their threatening of Judges and the very foundation of the “Rule of Law” that makes this country what it is. Bottom line is Democrats go to the back of the bus sit your useless mouths down and shut your mouth’s, leave the Constitution to those who are experienced in it and stick to what you were hired to do and that is help your districts and unite this country by working with, not fighting with, fellow members of different parties. Children threaten and stomp and cry foul whereas real adults find ways to give and take with others.

Myrna
Myrna
2 years ago

There has been one voice (I hope only one) for passing a law to permit abortion nationally. That might be what happens next and even before the Supreme court rules. I believe it would go down and out without a vote.

J. Farley
J. Farley
2 years ago

Please someone explain something to me, I have read the Constitution at least 6 times and have found no phrase in clear English that PLAN NOT TO BE A PARENTHOOD has the right to gut a woman for her un-born child and sell the body parts and give a kickback to the Democrats, but, I did find the phrase that says –The right of the people to keep and bear arms shall not be infringed— and both of these Congresswomen are anti-gun. Read the Constitution ladies, it might make you look smarter.
Democrats want to make the Constitution what they want it to be not what it really says!
God Save America

Helen Bradfute
Helen Bradfute
2 years ago

Leave Roe v Wade, but allow states to set reasonable limits so that neither women or viable fetuses/babies’ lives are in danger.
When Roe v Wade, and abortion was upheld by SCOTUS it was publized as safe, and rare. Since it has become for many as a method of erasing irresponsible behavior,, i.e. birth control. Does birth control fail, unfortunately yes, the only truly effective birth control method is abstinence or sterilization. Since 2012, Roe v Wade has legally authorized the termination of “. . . an estimated 62 million abortions, according to one analysis.”

Patriot Bill
Patriot Bill
2 years ago

While the right to free speech is gone. Totalitarianism will reign.

breachplug
breachplug
2 years ago

MURDER is MURDER, whether committed during a bank robbery by BLM/Antifa terrorists, or a disturbed individual who mows down people in a parade with their motor vehicle, or a woman who doesn’t take readily available precautions to become pregnant! Any other murder, except a liberal abortion minded mother, requires a day in court to be judged by a fair and impartial jury of their peers to be convicted of murder. Why then is it the RIGHT of a woman to become judge and jury over the life of an innocent child, which is nothing more than an inconvenience to her (like certain liberal air headed female movie stars)?
If a woman is so stupid or lazy NOT to use proven birth control methods, but instead uses abortion as a means to prevent pregnancies (statistically the majority of these women are repeat offenders), then there can be no doubt they can’t be defined as anything but a MURDER!
The liberal court 50 years ago legitimized and sanctioned Roe vs Wade, to wantonly murder innocent children (sounds like a Hitler concept), unquestionably a sign proving the insanity of liberals in this country. If their insanity is a benchmark of their logic, then taking that to the next logical step would be anyone would have the legitimate right to murder the mother for her actions! Thankfully there are patient God-fearing individuals who understand these murders are a sign of insanity, and waited long enough for this day to come!
The dumocratic left now shout threats of “revolution” if their liberal iconic symbol of their stupidly is overruled by the Supreme Court, then so be it! This country has tolerated their radical concept of it being “a woman’s right” long enough! Murder is still murder, maybe the time has finally arrived to remove those who perpetuate this insanity. Let them cast the first stone and reap the consequences!

Kyle Buy you some guns,and learn how to shoot
Kyle Buy you some guns,and learn how to shoot
2 years ago

I just love AOC. With outburst like hers ,it just shows her ignortance.

anna hubert
anna hubert
2 years ago

Planned parenthood should teach how not to get pregnant if that happens anyway deal with it within first trimester and shut up about it

Texas Resister 64
Texas Resister 64
2 years ago

Roe v Wade actually cited the infamous Dred Scott v.. . case from right before the American Civil War. Perhaps it’s time the Court went back and threw that horrible decision in the wastebin of history as well?

RBart
RBart
2 years ago

Your priorities seem to have gone awry when the priority of ads overlies the priority of the content.

Denise
Denise
2 years ago

Amen

VikkiC
VikkiC
2 years ago

Strike 3 on Schumer…he needs to go!!

Bill T
Bill T
2 years ago

Maxine waters and all of the Marxist lefties verbally assaulted so many on the right during the TRUMP administration turmoil ridden time (actually they told there leftist democrat party members to completely harass and threaten any and all of them! Also look at what there doing to some on there on party for not agreeing with the basically communist build back better rip off of all true American citizens, a welfare state if it’s passed thru. There total hypocrites-and constantly lie about everything. No sorry we didn’t sign up for your tyrannical government takeover.

Edward
Edward
2 years ago

Nobody, especially MARXIST Pieces OS like you two get to “tell” the Supreme Court how to vote on issues before the court!! That’s the way the Constitution works. I realize you don’t believe in or like the constitution, TOO BAD! You are bordering on treason and should be dealt with accordingly.

Tim Thompson
Tim Thompson
2 years ago

The fact that these congresspersons can call for a revolution should first and foremost disqualify them from their office in congress. They are calling to destroy our republic that they took an oath to protect and defend. If this isn’t a call to remove these usurpers from office then nothing will ever happen to justify their rebellious actions. AOC is the worst ingrate to hold an office as a congresswoman. She along with her leftist Marxist associates who got elected then became anti American progressive persons who have shone their hate for our country after they themselves have been given all the benefits of freedom and liberty. The abortion decision right or wrong by their thinking does not mean it gives them the right to be against our justice system as a Republic, their responsibility in taking the seats in congress and doing their constitutional obligation to protect it from enemies from within.

Keith
Keith
2 years ago

Why is it that demonrats can call for revolution and not get in trouble?? It’s what they claim happened on January 6th

Robert
Robert
2 years ago

How can anyone be so evil and depraved as to believe that it is acceptable human behavior to premeditatively murder with malice of forethought innocent unborn babies? To add to their maniacal insanity they want to overthrow the government to ensure their continued unfettered genocidal infanticide?

Philip Hammersley
Philip Hammersley
2 years ago

The TRINITY decision in the late 1800s was studied for years by SCOTUS, unlike a few months today, and they declared that we are “a Christian nation.” The Court in the 1960s ignored that precedent and stripped our schools of prayer and Bible reading and then Anthony Kennedy stripped the schools of displays on the Ten Commandments, even though they appear in SCOTUS chambers! Liberals will freely ignore precedent if it furthers their godless causes!

Judy
Judy
2 years ago

These demon imbiciles are doing exactly what they did when all the election fraud cases were being brought before the U.S. Supreme Court. They no doubt threatened the Conservative Justices personally and threatened to reek havoc across the country if they reviewed the proof of voter fraud. The Conservative Justice’s caved.
Will they do it again in the name of protecting our cities from violence? As Christian’s, Justice’s Thomas and Gorsuch, after all their sleepless nights for their last decision, maybe not. And in that case we can expect the American people who are fed up and angry to take a stand against the violence encouraged by anti-American politicians like little Miss Communist, AOC. What would that mean?
A Civil War!
But will the Justice’s just pass the baby buck and leave it to states to decide? I think the latter is what they’ll do. I personally do not have confidence in our judicial system whatsoever. It is tragic what is happening to this country.
May God help us!

Nona
Nona
2 years ago

I always thought you got a felony charge when threatening a judge or court. They need to be charged like anyone else would be.

Richard Minetti
Richard Minetti
2 years ago

How did you forget Chuck Schumer’s tirade that also threatened the SCOTUS with potential uprisings if the “wrong” verdict came out?

HocasPocas
HocasPocas
2 years ago

That’s the mentality of aoc and her clan

JJ Johnson-Smith
JJ Johnson-Smith
2 years ago

Who exactly do these rogue Democrats think they ARE?! They have NO right to interfere in a SCOTUS Case and certainly NOT to “Threaten” the SCOTUS Justices! How is that even LEGAL?! The People, you, me, your neighbor, are the ones who hold Ultimate Power in America, and it is time to remind this out-of-control administration of that fact.

Becky
Becky
2 years ago

DemonRat Communists detest the ‘Rule of Law’. They want to be the Law.
They will not stop their Communist attacks on America until THEY are stopped.

Mario Capparuccini
Mario Capparuccini
2 years ago

Becky is right. The communist Democratic Party is interested in tyranny, not the rule of law. When Biden stole the election, conservatives did not revolt. There was no blood in the streets except for what Antifa and their ilk were shedding. Democrats are, for the most part, big, fat cry babies who throw temper tantrums every time they do not get their way. Abortion is an issue to be decided at the state level, and the overturn of Roe will only throw the issue back to the states. Before Roe, there were over one million abortions per year being carried out in liberal states, and after Roe, the liberal states will still carry out abortions, especially in AOC’s godless state.

cheryl
cheryl
2 years ago

It is totally the women’s responsibility to get on birth control before she engages in sex. End of story

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