There is talk of President JoeBiden trying to counteract 'Dobbs' with executive orders, of building abortion clinics on federal land within red states, and of codifying Roe into federal law. None of these efforts seem likely to go far, writes hgurdon.
Such statements usefully point to the truth, which lies in the opposite direction. Far from delegitimizing the Supreme Court, the ruling inupholding Mississippi’s abortion restrictions re-legitimizes it, rescuing it from decades of jurisprudential impropriety. The Left hates the loss of the abortion rights, certainly, but no more than it detests the broad implication that the court, as currently composed, will restrain itself and the other two branches of the government when they overreach.
The more unmoored the court is, the better it suits Democrats, who have long regarded the Constitution as an intolerable impediment rather than the proper foundation on which to build and maintain a sustainable political culture. The Left and its party cannot explicitly kill the Constitution, so instead, they have argued it is a “living” thing that can mutate beyond recognition to mean whatever they want it to mean.
The need for the Constitution, and any law, to remain constant in meaning also falsifies the claim — it comes from both parties, but more from Democrats — that the court should be roughly evenly divided between liberals and conservatives because the country is.
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