The plan adopted by President Joe Biden as dictated to him by the hard-left progressive part of the Democratic Party is already stalling out with some Democratic Senators, all 50 of whom are necessary, even if the filibuster were to be eliminated. Now the Supreme Court is coming to the fore against Democratic plans to “remake” America.
The true beginning of the Trump legacy in the Supreme Court may have been last week as the court refused to issue a last-minute injunction against the new pro-life Texas Heartbeat Act. The law prohibits abortions in Texas after a fetal heartbeat is medically detected.
The court had recently brought an end to Biden’s unconstitutional evictions moratorium, but that policy dispute pales compared to the controversy surrounding an abortion dispute.
The Supreme Court agreed to hear a case in the upcoming term, Dobbs v. Jackson Women’s Health Organization, that could reverse 48 years of federal judicial constitutional law about abortion, stemming from the landmark Roe v. Wade decision. The State of Mississippi and dozens of interested parties have explicitly requested that the court overturn Roe, clearing the way for abortion regulation to be returned entirely to the states.
Biden blasted the court last week to allow the Texas law to stand and unleash what he called “unconstitutional chaos.” One of Biden’s significant objections to the law is its procedural design that allows private citizens to enforce the law by filing civil lawsuits in Texas state courts.
Some commentators have cautioned Biden against taking a highly public stance against the court, given that there are limited options available to a president to battle the court.
Senate Minority Leader Mitch McConnell (R-KY) has taken a strategic approach to court in recent years, blocking President Barack Obama’s appointment of Merrick Garland after the death of Justice Antonin Scalia. McConnell later handled the Senate approval of Justice Neil Gorsuch for that seat after President Donald Trump appointed Gorsuch. McConnell also helped ensure the support of Trump appointees Brett Kavanaugh and Amy Coney Barrett to the court.
The ongoing battle over abortion and the expected decision in the Dobbs case next May or June is sure to shape multiple Congressional races in next fall’s pivotal midterm elections.