In agreeing to hear the Mississippi abortion case of Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court earlier this week placed directly in its crosshairs the court’s two foundational modern abortion precedents, Roe v. Wade and Planned Parenthood v. Casey. In preparing to decide whether all restrictions on pre-“viability” abortions are unconstitutional, as the court’s order for a writ of certiorari indicates it will do, the court is teeing itself up for a potentially landmark — or potentially grievously disappointing — ruling next term. In girding itself to rule in Dobbs, and by extension ruling on the life-or-death fortunes of countless unborn children on this bedrock civilizational justice issue, a nominally conservative court is set to also decide the life-or-death fate of the legal conservative movement itself.
In order to uphold Mississippi’s law, a fairly straightforward 15-week abortion ban — a regulative time frame viewed as “strict” by abortion’s tendentious apologists but positively generous by European standards — with customary dispensations for severe fetal abnormality and the life of the mother, the court’s right-leaning justices will need to summon their innermost convictions and channel the solemnity of their constitutional oaths against what will be an unprecedented, full-spectrum intimidation campaign and disinformation onslaught. In the 13 months from now until the court’s anticipated ruling in June 2022, the sprawling edifice Andrew Breitbart called the “Democrat-media complex” will go into overdrive like it never has before, hoping to cow Justice Brett Kavanaugh and other perceived “gettable” center-right justices into submissive genuflection before their would-be ruling class overlords.
The progressive left’s foremost pagan sacrament, after all, is on the chopping block — that is, the “right” to murder one’s own child in utero. And the left will leave no stone unturned in its quest to preserve modern constitutional law’s peculiar codification of that “right.” That judicially fabricated codification, furthermore, is so maximalist that the land of the free and the home of the brave is at present time one of only seven countries in the world — alongside such human-rights luminaries as China, Vietnam and North Korea — that permits elective abortion after 20 weeks’ gestation.
Pro-lifers must steel themselves for what is now to come. The Biden-Harris White House will likely commence a prolonged public relations campaign, hectoring Alexander Hamilton’s “least dangerous” branch about its lowly place in similar condescending manner as did President Barack Obama prior to Chief Justice John Roberts’ face-saving gambit in the first Affordable Care Act case, National Federation of Independent Business v. Sebelius. Senate Majority Leader Chuck Schumer, D-N.Y., and House Speaker Nancy Pelosi, D-Calif., will relentlessly beat the drum on court-packing, threatening retaliation against an alleged “right-wing court” that has the temerity to conceive of the inherent dignity of unborn children as Abraham Lincoln conceived of the inherent dignity of Blacks in his 1854 Peoria speech: “If the Negro is a man, why then my ancient faith teaches me that ‘all men are created equal’; and that there can be no moral right in connection with one man’s making a slave of another.”
The court’s grant of its writ of certiorari in Dobbs also comes at a time of intellectual upheaval within the broader tent of legal conservatism. Especially in the aftermath of Justice Neil Gorsuch’s June 2020 defection in the Title VII case of Bostock v. Clayton County, many conservatives have taken to asking whether originalism, the predominant right-of-center jurisprudential methodology for four decades, is actually generating substantively conservative results as it is usually theorized and promulgated. I count myself among the skeptics, co-drafting a manifesto in March advocating for “A Better Originalism” and developing a legal framework I call “common good originalism.”
If the court in Dobbs fails to so much as modify the Casey “undue burden” legal standard to permit a much broader swath of state-level abortion restrictions, at minimum, then a putatively conservative legal conservative movement and a putatively conservative Supreme Court will have failed on the single most important issue they confront. If the impending left-wing/media/Hollywood-driven intimidation and disinformation campaign succeeds in peeling off Kavanaugh or another “gettable,” thus securing a court majority alongside Roberts and the three liberal justices to overturn Mississippi’s law, then it is unclear at best what kind of “legal conservative movement” can possibly emerge from that rubble.
The legal conservative movement was primarily founded on this issue. If, after all these decades and finally securing this right-leaning court majority, it cannot overturn Roe or even make a severe dent in the hopeless muddle that is Casey, the verdict will be in. It will not be pretty. The movement will have failed.
To find out more about Josh Hammer and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.
No doubt in my mind Sleepy Joe and his sell-outs will not miss this opportunity to forever seal the fate of their souls in the afterlife along-side the rich man who fed Lazarus crumbs, begging for a drop of water from Abraham, who just shakes his head No No No.
Luke 16: 24-26
‘Father Abraham, have pity on me and send Lazarus to dip the tip of his finger in water and cool my tongue, because I am in agony in this fire.’ 25 “But Abraham replied, ‘Son, remember that in your lifetime you received your good things, while Lazarus received bad things, but now he is comforted here and you are in agony. 26 And besides all this, between us and you a great chasm has been fixed, so that those who want to go from here to you cannot, nor can anyone cross over from there to us.
Double crossing Joe just refuses to cross back over the secular black hole chasm of the Democrat party while he can.,,,,and he was raised to know better, but like many in his party abuses his free will to protect the American innocent, surrendering to the dark side of his nature. Proof that even imagined absolute power does corrupt absolutely.
Joe BIden and his handlers are pushing Joe Biden along too fast and he,is confused by the instant results his leftist policies have had since he and his communist handlers have been elected to offocr. This election las, has but a easily swayed puppet , and the
Leftists are having a good time being in controlled again, only thing that is disappointing about being back in the oval office Joe Biden has been the results felt around a unhappy world ,more and more unsettled solutions Joe Biden has forced on them.
Which makes you wonder, HOW MUCH LONGER will it be, before his handlers, kick him to the curb using the 25th amendment, and install QUEEN harris, with piglosi as the new VP?
It is conveniently forgotten that from the moment the Roe V Wade Opinion was read it was known that at some point it would come before the Court again, it just took longer than expected. Of the Justices on the Court at the time some who voted for the outcome felt, along with those opposed, the opinion was flawed, the the meaning of the Fourteenth Amendment had been stretched to far and would come back to haun the Court. Constitutional scholars and law professors around the country also voiced that opinion. The dicovery of ‘Privacy’ was and still is the bone of contention.
Thing is, with how the three turncoats have acted, since trump buggered up in nominating them, CAN WE REALLY trust them to do the right thing here/?? I know i can’t.
I have no faith in SCOTUS. They seem to love the “status quo”. SCOTUS, seems like they are in partnership with the Department of No Justice. The Washington “deep state” establishment.
I wonder, IF trump could have seen how shanked these 3 would have been, BEFORE HE NOMINATED THEM, would he still have fought tooth and nail to get these specific three on the bench? OR WOULD HE have gone with other folk.
In the midst of all of the legal issues, pray for the women convinced by the Democrat party propaganda to commit abortion, that they become painfully aware of the absolutely grievous nature of this heinous act toward God and humanity, and will turn to one of the many alternatives.
#6 of the 10 Commandments of GOD – “Thou Shalt Not Kill” –
If something has a heartbeat and one stops that heartbeat they have killed.
The Democrat Party and the majority of Democrat Party supporters do not worship, Love or obey GOD.
Ones relationship with GOD, is entirely between them and GOD.
If you don’t want to Love and worship GOD in your life now, then you won’t be with GOD when you die.
Is it time for another “Conservative” Justice vote flip?
The left has sold a lie to many women, they have given them the words to defend the position “A woman has the right to determine the fate of her own body”, but after they have allowed their bodies to be used and the creation of a new life takes place, then who will ensure the fate of that new human body. No one wants to answer that question other than to say that it’s not a true human. If it’s not a human, then what is it and when does it acquired it’s humanism? You can chase your tail on that question until the only logical explanation is that it acquired it’s humanism, body and soul endowed by the Creator from the very beginning. We can only pray that SCOTUS will follow the truth.
I wonder how that whole “Their own body their own choice” thing will fly, after the past year of being ORDERED TO DO stuff to your own body (MASK mandates, and even vaccine mandates for some companies), have gone on??
After seeing the ‘response’ to the stolen election, I have very little if any faith in both the SC and GOP.
From a moral position, what is the “good” side of dismembering innocent human babies in the womb?
From a legal position, what is the “justifiable” cause to kill an innocent child in the womb?
NO. Abortion is simply an evil plan attempting to cover an immoral, generally premarital, sexual indiscretion committed by two irresponsible people who wanted the thrill but are unwilling to deal with the natural results of their actions.
I hope the day comes, when those on the scotus, finally get their just rewards IN HELL, comes SWIFTLY.