...Those who seek to destroy or delegitimize the Supreme Court for upholding the Constitution are no better than those who desire to overturn or delegitimize presidential elections. In fact, they probably pose a greater long-term threat to American “democracy.”
Now, if you believe the above contention is hyperbole, consider that many leftists aren’t merely advocating for court-packing or nullification of the Dobbs decision; they justify those attacks with a litany of other grievances about the constitutional order.
Even as the Supreme Court relinquished its power, and threw the abortion issue–unmentioned anywhere in the Constitution–back to the voters, a horde of j-school graduates and politicians, either ignorant of basic civics or contemptuous of them, descended with panic-stricken warnings about the demise of “democracy.” Almost none of their objections were grounded in any sort of legal arguments about the alleged constitutionality of terminating unwanted human beings. Instead, their case centered around the specious idea that the court had undermined the will of voters by no longer dictating abortion policy by judicial fiat.
Rep. Alexandria Ocasio-Cortez, who, at this point, sounds virtually indistinguishable from Senate leadership or the authoritarians writing at The Washington Post, points out that seven of the nine justices on the court “were appointed by a party that hasn’t won a popular vote more than once in 30 years,” that one of their seats “was stolen,” and that “several lied to Congress to secure their appointment…”
None of those contentions are true. Every single justice on the court, including the ones Democrats preemptively smeared as deviants to undermine the legitimacy of the court, was nominated using the prescribed constitutional method that is used by every party. And every senator who voted to confirm those justices did so using the only legal process available to them. The “popular vote” is not a real thing.
...When the Supreme Court concocted the constitutional “right” to abortion in 1973, the pro-life movement didn’t promise to dismantle the system; rather it spent 50 years creating an intellectual and political movement that would begin to restore proper constitutional limits. They voted for presidents who promised to put textualists on the bench and elected senators who would confirm them. If you’re unhappy with those rules, you are free to amend the Constitution. But, for the contemporary left, “democracy” isn’t just a euphemism for “policies we support” anymore, it’s a pernicious belief that Republicans have a responsibility to live in a political system that exists outside of the Constitution. And a system with two sets of rules is untenable.
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Originally Posted by midcan5
