Listening to the Supreme Court confirmation hearings today, a very informative section of the hearing had to deal with Sen. Lindsey Graham, the chairman, walking through the steps that it would take to repeal any of the big court cases that the left is concerned about a Justice Barrett changing. The big ones being those that touch abortion, same sex marriage, and treating corporations as people.
Judge Barrett explained that for any of these changes to happen, a state would have to pass a law or someone would have to bring a case against one of these things, the case would have to wind its way through the courts, adding to the record, and it would eventually find its way to the Supreme Court who would have to agree to hear it.
This would be unlikely, because the Supreme Court had already ruled on this question, so the lower courts should just uphold the ruling. If it did get that far, then the Court would have to consider that there was precedent, so the bar would be higher because of stare decisis which basically means that you should let previous rulings stand.
Graham said that this should help people to understand that Barrett wouldn’t, by herself, outlaw abortion her first day on the court.
While this should make it easier for those on the left to accept her, even if they don’t approve of the way in which her nomination was handled– or the timing, I should say– this will frustrate those who have been told for some time that the way to defeat Roe is through the courts.
Indeed, after Gorsuch and Kavanaugh, many states have been trying more pro-life legislation with the aims of getting to the SCOTUS with the intent of overturning Roe and at least getting the decision back to the states.
So, if you wanted to get rid of abortion in America, how would you do it?
Obviously pray, first and foremost. But I figure this would be the plan that an organization could take:
Prepare to Overturn Roe while Overturning Roe
One of the other things that I caught in the hearings was that part of the considerations for stare decisis is the impact on people and how they’ve arranged their lives in reaction to the law and rulings surrounding the law.
States should pass legislation to accomplish the following:
- Pass legislation that will state that when Roe is overturned that abortion will not be available in that state
- Pass legislation that will help pregnant, unwed mothers, or mothers that do not want the baby to be able to get support or easy adoption
- Pass legislation to increase education on abortion and get accurate understanding to the people both in school and maybe as an add campaign.
You need to get public support for this, and the more states that are able to get this done, the more liklihood that the Supreme Court will have to take this up.
Right now, the left says that there is all this public support, but the truth is that this is like the popular vote. It may be clustered in blue states with red states that would vote against it, and it would make it necessary that the court would justify forcing it on the whole country.
This all being said, the country is not mandating abortion, so revival or an education campaign at the highest levels on the truth of abortion, and shame on those that have an abortion would go a whole lot further than a legislative path, or trying to get the court to rule in your favor.