In case you've been living under a rock for the past 24 hours, Politico stunned the nation Monday night by publishing a leaked draft decision from Supreme Court Justice Samuel Alito that would fully overturn Roe v. Wade and Planned Parenthood v. Casey. Contrary to the predilections of the most conservative in the country, the majority decision, if it does indeed reflect the final intended consensus, would not enshrine fetal personhood as a constitutional right. The Alito decision would simply return the question of abortion legality back to the states rather than maintain the Roe/Casey framework's current effective federal ban on abortion restrictions prior to the point of fetal viability (currently recognized by the courts as around 24 weeks of gestation, even though babies have survived at as early as 21 weeks of gestation).
In practice, the Supreme Court would be empowering the people to decide for themselves how to govern abortion. The legislative filibuster, if maintained, would likely prevent a Senate of either political supermajority from banning abortion nationwide or legalizing it up until the point of birth. Indigo states like New York could then keep their laws enshrining abortion access up until the point of birth, while crimson states, multiple of which already have only one abortion clinic apiece, could ban it.
Naturally, Democrats have utterly lost their marbles, going positively apoplectic, not about the unprecedented and dangerous leak of the Alito decision that threatens to undermine the political independence of the court but about those redneck hicks outside of the Acela Corridor potentially gaining a say in whether their states can restrict the ability to kill the unborn. Leading the charge from the White House is Kamala Harris.
VP Kamala Harris: “How dare they? How dare they tell a woman what she can do and not do with her own body? How dare they? How dare they try to stop her in determining her own future?" pic.twitter.com/qSMfvcMg6f
— Alex Salvi (@alexsalvinews) May 3, 2022
Here, the Democratic vice president presiding over a Democratic House and a Democratic Senate is fuming over an unelected body handing democratic power back to voters. If this is really about who has the democratic mandate to decide the abortion question, Harris's outrage makes no sense.
Nine white men comprised the Supreme Court bench that decided Roe. If Alito is indeed joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, that's five people, including a woman and a black man, handing power back to the people. In turn, abortion regulations or protections can then be determined by hundreds of millions of Americans, ranging from local legislation brought to the ballot to Congress establishing federal rules. (And let's not ignore that even once Ketanji Brown Jackson replaces Justice Stephen Breyer, the general population still consists of a much greater share of women than the Supreme Court will, a fact immaterial to the ruling but a bit of identity politics important to the #KHive.)
So what gives? The same people who wouldn't shut the hell up for five years about Republicans corroding democracy, stealing elections, and becoming mini-Putins (whom they have made no secret about the fact that they would like to regime-change in the name of, you guessed it, democracy) are now livid that the abortion question will once again be a matter of demos kratos, or "people rule."
So then when Harris and her ilk demand that we blow up that same filibuster Mitch McConnell has sworn to maintain even when he comes Senate majority leader, once more in the name of "voting rights" legislation, consider that maybe, just maybe, the outcome of inflating voter rolls — say, the teleological value of "voting rights" legislation — is of little more consequence to left-wing democracy defenders than the actual will of the people.