Democrats are not happy with the Supreme Court’s decision on Roe v Wade and want the Court stripped of its ability to deal with reproductive rights. A letter was sent to Nancy Pelosi and Chuck Schumer to see if they could keep the Court from scrutinizing the Women’s Health Protection Act. Blocking the Court from examining other issues is on the table too, maybe move jurisdiction to the DC court.
Democrats covering their bases
Alexandria Ocasio-Cortez said, “Congress is granted the authority to remove the Supreme Court’s jurisdiction under Article III. To protect marriage equality, contraception, and more, we need to limit the power of the far-right Court that’s already overturned Roe v. Wade.”
The letter was written to encourage the Speaker of the House and Senate Majority Leader to “include language that removes the Supreme Court’s appellate jurisdiction over such legislation.” It continued with, “Congress can instead assign exclusive appellate jurisdiction to another federal court, such as the D.C. Circuit.”
With our basic rights under threat from a rogue Supreme Court, Congress needs to exercise our legal authority to the fullest extent. That's why today we called on @SenSchumer and @SpeakerPelosi to support stripping the Supreme Court’s jurisdiction over abortion. pic.twitter.com/9Rp6RkEqs8
— Rep. Alexandria Ocasio-Cortez (@RepAOC) July 14, 2022
Democrats watching the climate
The letter proceeded with, “The American people want to see Congress protect their fundamental rights and the Constitution grants us the powers to do so. Congress, as the branch of government that is closet to the people, has a duty to exercise its powers For the People.” Ocasio-Cortez wrote, “We write to urge your support for restricting the Supreme Court’s appellate jurisdiction in the areas of abortion, marriage equality, non-procreative intimacy, and contraception. In doing so, we can ensure that, as Congress takes legislative action to codify each of these fundamental rights, a radical, restless, and newly constituted majority on the Court cannot further undermine the protections we would enact.”
Leftists have been furious that the Supreme Court allowed states to ban abortions. They weren’t happy either when Clarence Thomas suggested other rulings should be struck down such as for gay marriage.
Democrats and their strategy
Thomas had written that “in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. After overruling these demonstrably erroneous decisions, the question would remain whether other constitutional provisions guarantee the myriad rights that our substantive due process cases have generated.”
Just Samuel Alito thought, “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.” He wrote in his majority opinion that, “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
