“Democracy for me, but not for thee”

By Dave Andrusko

As always, but especially now that a leaked draft indicates that a majority of the Supreme Court is ready to overturn Roe, our benighted opposition insists it is pro-lifers who are thwarting democracy. Which is truly odd since it is pro-lifers who long insisted that the wisest course is to return the abortion issue to the states. No, no, no: “Democracy for me,” abortion advocates say in response, “but not for thee.”

A brilliant Wall Street Journal succinctly summarizes how foolish the pro-abortionists’ claim is:

The latest theme on the political left is that the Supreme Court Justices who might overturn Roe v. Wade are at war with democracy. It’s a strange argument, since overturning Roe would merely return abortion policy to the states for political debate in elections and legislatures. That’s the definition of democracy.

But since they brought it up, by all means let’s talk about who is really threatening democracy. An independent judiciary is crucial to democratic self-government, and after the leak of Justice Samuel Alito’s draft opinion, the left is targeting the Justices who might vote to end Roe.

Chief Justice John Roberts was still fuming when he told the 11th Circuit Judicial Conference meeting in Atlanta that “A leak of this sort — let’s assume that’s what it is — is absolutely appalling, and if the people behind it, or person behind it, thinks that it’s going to have an effect on our decision process, that’s absolutely foolish.” He added, according to CNN, “We will go about doing our work as we would in any event, regardless of the leak.”

What is the proper role for the Court? The WSJ editorial said

The Supreme Court’s job is to say what the law is, not to be a body of philosopher kings to impose progressive outcomes. Overturning Roe won’t usurp democracy. It will put the abortion debate back where it belongs in a democracy—for voters to decide.

Final word here. Judge Alito’s first draft—way back in February—is unyielding in its criticism of Roe and the 1992 Casey decision.

Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.

Roe and Casey “must be overruled,” Justice Alito wrote, “and the authority to regulate abortion must be returned to the people and their elected representatives.”