Face it – Scotus Has Long Been Partisan When Deciding Political Cases
by Alan M. Dershowitz • December 10, 2021 at 5:00 am
No one has a legitimate right to prevent people from making sexual and marital choices that do not involve other people.
The argument that a fetus is a person who is entitled to the right to life goes too far -- even for the justices, such as Neil Kavanaugh, who would have the Supreme Court be "neutral" on abortion and leave it to the states. Under that argument, no state would have the right to deny life to a fetus and abortions would be unconstitutional throughout America, regardless of state legislation.
But the public would never accept a national ban on all abortions. That's why pro-lifers want it left to the states, where they would get half a loaf.
Overruling or severally limiting Roe v. Wade would increase the likelihood that Democrats will try to pack the Supreme Court. It would be widely viewed as an unprincipled act of partisan power as distinguished from a proper exercise in legal judgment. The commission appointed by US President Joe Biden to explore this among other options did not make a recommendation regarding court packing, though some of members favored it. It would get more support from Democratic voters if a woman's right to choose abortion were severely curtailed. It would also diminish the standing of the High Court.
