If Democrats are so sure that the legalities of abortion rights are firmly on their side, it’s a wonder that they’re relying so heavily on political and philosophical arguments to assert their case.
The Supreme Court is expected to issue another decision on abortion laws and leftists are understandably nervous given the ideological makeup of the bench. But rather than sticking to legal interpretations and demonstrating the foundations that guarantee a so-called right to abortion, they keep venturing off into warnings about democracy and public perceptions of the court’s legitimacy.
New York Times leftist Charles Blow wrote this week that if the court allows states to put further restrictions on abortion laws, another civil war could break out. But don’t worry, not that kind of civil war.
“The civil war I see is not the kind that would leave hundreds of thousands of young men dead in combat,” he wrote. “That is not to say that we aren’t seeing spates of violence but rather that this new war will be fought in courts, statehouses and ballot boxes, rather than in the fields.”
Wait a second. You mean citizens might begin pursuing their interests by voting and through the judicial system? They might even engage in the political process? Amazing.
Someone should let him know there’s a less scary name for that kind of thing: “democracy.” It’s not a new concept to anyone but Blow. It’s how Americans have resolved our policy disputes for years.
Even on the court, liberals are making arguments that don’t address the legal questions. Instead, they warn that some people (activist Democrats) won’t approve of a decision that doesn’t cut their way.
“Will this institution survive the stench that this creates in the public perception, that the Constitution and its reading are just political acts?” Justice Sonia Sotomayor said during a hearing on an abortion-related case earlier this month. “I don’t see how it is possible.”
That’s not an argument against addressing a policy dispute that might need legal remedy. It’s a point in favor of higher civic competence among Democrats who don’t understand the judicial system.
We don’t know where the court will come down on the latest abortion battle. But judging from the way they talk, Democrats aren’t too confident that the legal merits are on their side.