By Cheryl Sullenger
As spring nears, anticipation for the U.S. Supreme Court ruling in the Dobbs v. Jackson Women’s Health Center continues to grow.
There is a lot at stake in this important case. While it centers on a challenge to a Mississippi state law that bans abortions after 15 weeks, Mississippi’s Solicitor General Scott G. Stewart has asked the Supreme Court to overturn the 1973 Roe v. Wade decision, which opened the floodgates on abortion in America.
To listen to some pro-life leaders, the decision appears to be in done deal. They are behaving as if Roe has already been overturned.
But not so fast.
The Supreme Court has a habit of surprising court watchers, and this may be one of those cases.
Last May, Operation Rescue started warning that this is not as clear cut of a case as some might think. It is complicated, not because of the legal points at issue, but because of politics.
During his administration, President Donald J. Trump appointed three new Supreme Court justices: Neil Gorsuch, Brent Kavanaugh, and Amy Coney Barrett – much to the angst of the pro-abortion Democrats. All three new justices were said to be strict Constitutionalists who would apply the laws as written and intended. That philosophy of jurisprudence benefits the pro-life position because there is clearly no stated right to abortion in the U.S. Constitution.
This stands in sharp contrast to the Democrat/Leftist philosophy of considering the Constitution a “living document” whose interpretation must change constantly with the times.
But aside from that, there are other factors in play. The current administration is rabidly pro-abortion and has vowed to protect and expand this faux “right.”
Planned Parenthood money buys a lot of power in the Democrat Party. Joe Biden and Kamala Harris both had staunch support from Planned Parenthood and other abortion groups.
And they are not the only politicians who have benefitted from the Abortion Cartel over the years.
This is how it works.
Congress votes to give Planned Parenthood millions in Family Planning grants and Medicare payments. Planned Parenthood PACs take part of that money and reinvest it in the political campaigns of politicians who supported abortion funding. Encouraged by the influx of campaign finances, which can mean this difference between election wins and losses, those politicians then return to Congress and vote for more funding to Planned Parenthood (and by extension, their own campaign coffers).
Therefore, there is incentive on the left to apply behind-the-scenes pressure and even threats to the Supreme Court to ensure they do not overturn Roe.
In the Dobbs case, public and private threats may make the difference in how the Court rules. Bear with me as I explain.
Because the Democrats are angry with the conservative majority on the Supreme Court, they have threatened to pack the court under the Biden administration with leftist justices that would dilute or even nullify the effect of the conservative justices, ensuring that conservatives would never again achieve a majority. There is a fear among the current justices of this tactic should the current administration object to one of their rulings.
But perhaps most disturbing is the threats against Justice Brett Kavanaugh.
When Kavanaugh was nominated to the Supreme Court, the left pulled out every stop to make sure he was never confirmed. It was a disgraceful display of lies and false accusations that were meant to smear him at every turn. His hard-earned good reputation was dragged through the sewer as his wife and young daughters watched. It must have been like living though a nightmare to be so respected one day and vilified like the Devil himself literally overnight.
Once confirmed, Democrats continued to threaten him with impeachment.
During the 2020 oral arguments in another abortion case, June Medical Services v. Russo, Sen. Chuck Schumer (D-NY) was recorded as he publicly threatened Justices Neil Gorsuch and Brett Kavanaugh while speaking to a crowd of abortion supporters.
Did Senate Democrat leader Schumer just threaten two conservative justices? Where is the media?— Mark Meadows (@MarkMeadows) March 4, 2020
“I want to tell you Justice Kavanaugh and Justice Gorsuch: You have unleashed a whirlwind, and you will pay the price”pic.twitter.com/MellytNNp5
“And they’re taking away fundamental rights. I want to tell you, Justice Kavanaugh and Justice Gorsuch: You have unleashed a whirlwind, and you will pay the price,” Schumer shouted to the cheering crowd. “You won’t know what hit you if you go forward with these awful decisions.”
While Gorsuch seemed little fazed by this threat, it made a great impact on Justice Kavanaugh, who endured a brutal confirmation inquisition in which Democrats used everything against him except the Rack and the Iron Maiden. Once he was confirmed, Democrats immediately threatened impeachment.
However, suspicions that threats against Kavanaugh might influence his decisions on the bench took on new significance during President Donald Trump’s CPAC speech on February 26, 2022.
“But even our Supreme Court justices – and it’s sad to say this – are afraid to do what has to be done to save our country. They’re trying so desperately to be politically correct and loved by all,” Trump said to a packed house in Orlando, Florida.
“They are terrified of the radical left. They are afraid of packing the court so that they are only one of fifteen, nineteen or even twenty-five justices. And at any cost, they don’t want to be impeached. ‘Please don’t impeach me. I don’t want to be impeached. I’m a Supreme Court Justice. Please don’t impeach me. I’m a justice of the Supreme Court. Don’t impeach me please for being with the women that I never heard of before,’” mocked Trump, who knows better than anyone what it is like to be impeached. He stood strong and courageously, surviving two impeachments based on hoax charges.
“Trump continued, “Women that he didn’t know. Women that – particularly Justice Kavanaugh – had no idea who they were. But you know what? He’s lived through hell and he’s afraid. I believe he’s afraid. I believe he’s afraid to do the right thing. I really do,” Trump continued. “You know the expression? Play the ref. Play the ref. They said not so long ago they’re going to impeach him for something. Then they found out — Then the woman got up and said, ‘Well, he never did anything wrong.’ They said, ‘We don’t care. We’re going to impeach him anyway.’ These are vicious people. These are vicious people, and we can’t let this go on. [The justices] need to gain strength. They need to gain new courage, and they have to stand up for freedom and stand up for what is right. They can no longer be afraid of the radical left — our Supreme Court and our judges, generally.”
While President Trump’s remarks may have been made with the 2020 election integrity issues in mind, his comments are applicable to all controversial cases that go before the Supreme Court.
It is often said that conservatives hold a 6-3 majority on the Supreme Court. That is simply not true. While Chief Justice John Roberts was nominated by GOP President George W. Bush, he has been far from a conservative stalwart during his time on the Court. All too often, he has sided with the left in cases that have the greatest impact on Americans.
That leaves conservatives with a tenuous 5-4 majority.
Now, factor in the very real threats of court-packing and impeachment, and we have a very shaky court whose decisions cannot be predicted. The pro-abortion left only needs one more justice to cave, and they will have the working majority.
Should President Trump’s comments prove true and Kavanaugh – to avoid a dreaded impeachment – votes with the liberals in the Dobbs case, that would mean that Roe v. Wade will be with us for years to come.
But even if the Supreme Court should overturn Roe, don’t expect a smooth ride. There are many reasons to believe the current administration will never honor such a ruling as long as they control the government. It is more likely that severe actions will be taken on the Federal level to prevent states from banning abortion, as would be their legal right in a post-Roe America under normal times. Unfortunately, we are not living in normal times, and it remains to been seen if the conservative majority can hold the line on abortion in the face of threats of ruination.
“It’s time be realistic and consider the fact that the Supreme Court is under tremendous pressure from credible threats. Those threats have struck some of the conservative justices with fear of leftist repercussions that could destroy their careers,” said Operation Rescue President Troy Newman. “We don’t like to think that our nation’s High Court is subject to threats and corruption, but it is a truth we must face head on, given the current circumstances. Join me in praying for the Supreme Court to embrace faith over fear, and for pro-life supporters to be clear-minded when it comes to the challenges that face our efforts to end abortion in America once and for all.”