Well, apparently we’re going to go here again.
We’re going to accuse Supreme Court Justices Clarence Thomas and Brett Kavanaugh of being “sexual predators” in the midst of a contentious case.
The Supreme Court is currently considering June Medical Services LLC v. Russo, a case involving whether a Louisiana law requiring abortionists to have admitting privileges at a nearby hospital violates the “undue burden” test set forth by the 1992 Planned Parenthood v. Casey decision.
The case has drawn a lot of attention for a lot of reasons I can only adumbrate in the quickest fashion.
The Louisiana bill is similar to a Texas law the court struck down in a landmark 2016 decision. A lower court decided that the Louisiana law’s burden on women seeking abortions was different than Texas’ legislation.
The composition of the court is also different from when the 2016 case was decided.
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In that case, Justice Anthony Kennedy was the swing vote in a 5-3 decision; the case was decided while the late Justice Antonin Scalia’s seat was vacant.
Kennedy is gone, replaced (contentiously) by Brett Kavanaugh; Scalia was replaced (also contentiously) by Neil Gorsuch.
That could yield a decision that alters the Texas case, or even Planned Parenthood v. Casey, although revisiting these decisions is less likely in a case that deals primarily with whether or not the Louisiana law is substantively different than the one passed in Texas.
However, the mere thought that the high court might uphold an abortion regulation has the left in a state of apoplexy.
If you follow this sort of thing, you probably didn’t miss much of the pro-abortion rally in front of the Supreme Court as the case was being heard. This involved, among other things, Senate Minority Leader Chuck Schumer threatening Gorsuch and Kavanaugh.
This kind of took attention away from a Twitter rant from Minnesota Democratic Rep. Ilhan Omar in which she said two conservative justices were “accused sexual predators.”
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It began with two of the incessant mantras of the left regarding abortion:
Abortion is healthcare
— Rep. Ilhan Omar (@Ilhan) March 4, 2020
Abortion is a Constitutional right
— Rep. Ilhan Omar (@Ilhan) March 4, 2020
And then we went there:
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Two accused sexual predators should not be deciding whether or not women have access to healthcare in this country. https://t.co/okJE85pwoN
— Rep. Ilhan Omar (@Ilhan) March 4, 2020
In case you’ve forgotten, both Thomas and Kavanaugh were accused of sexual misconduct at convenient times during their Senate confirmation hearings.
In Thomas’ case, he was alleged to have sexually harassed former assistant Anita Hill.
In Kavanaugh’s case, there were allegations of sexual abuse by Christine Blasey Ford and Deborah Ramirez. In both cases, the women came forward in the middle of confirmation hearings, which was interesting timing considering both men had been major figures for years.
These accusations, which became political footballs, are materially irrelevant to how either justice rules in the Louisiana case, of course.
They have nothing to do with the law. But Ilhan Omar doesn’t care.
Since the Democrats cannot control the Supreme Court, they’ve decided they’re going to attack, intimidate and destroy it.
These aren’t attacks on the people who voted for these justices’ appointments, mind you.
They’re attacks on the justices.
This is a new phenomenon, the idea that the Supreme Court can be intimidated by outside actors who disagree with the court’s composition and feel any regulation on a woman’s right to have an abortion is a travesty.
So, they threaten the justices.
The Democrats don’t know they’re entering dangerous territory because they assume America will think Trump sui generis; that their behavior is justified because this president’s administration represents a unique danger.
With the Supreme Court, however, any Republican would have presented this danger.
Chuck Schumer would be shaking his fist at Marco Rubio’s nominees, were he the president. Ilhan Omar would still be tweeting the same things.
This isn’t about any especial danger caused by Trump or the justices he nominated to the high court. This is about the fact that a Republican was in control.
In both cases, it’s the lowest form of political discourse — threats and personal maligning. And don’t expect it to stop anytime soon.
At the same time, don’t expect it to affect anything. The founders, bless their souls, made sure the court was a constitutional organ insulated from politicians wishing to smear it. Neither Ilhan Omar nor Charles Schumer can change that.
Story cited here.
