The Intercollegiate Student Magazine

Roe v. Wade is Overturned… And the Democrats are to Blame

The Roberts Court, April 23, 2021 Seated from left to right: Justices Samuel A. Alito, Jr. and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Stephen G. Breyer and Sonia Sotomayor Standing from left to right: Justices Brett M. Kavanaugh, Elena Kagan, Neil M. Gorsuch, and Amy Coney Barrett. Photograph by Fred Schilling, Collection of the Supreme Court of the United States

The Supreme Court has overturned the 1973 Roe v. Wade decision and removed federal protections for abortion — and it’s all the Democrats’ fault. 

The primary drive among Republicans for establishing a conservative court has always been to overturn Roe v. Wade; even though Democrats — and Joe Biden specifically — knew this, they refused to pursue court expansion, thinking this would lead to  a ‘gloves off political fight.’ 

Were the gloves not already off when Republicans refused to appoint Merrick Garland for 293 days, guaranteeing a conservative court under the Trump presidency? It speaks to how out of touch the Democratic Party is with political reality: Democrats were so sure that Hillary Clinton would win the election that they didn’t think they’d have to get their hands dirty. If the gloves weren’t off then, as a woman’s right to an abortion is now doomed in many states, they are undeniably off now. In fact, our current situation is more akin to conservatives ignoring the gloves altogether, repeatedly elbowing the Democratic Party over and over again while the Democrats just scream “it’s not fair!” Unfortunately, the end result of that unfair bout will be the disenfranchisement and criminalization of women’s bodies. Even the involuntary loss of a fetus has lead to jail time in some states. Without any federal protections left, it’s likely more women will face repercussions for miscarriages.

Beyond abortion, the conservative court has steadily been gutting our country from the inside out. Just recently, the court voted to further limit the Bivens claim — a special type of lawsuit in place to sue federal officials — and granted border patrol agents freedom from consequence, regardless of the severity of their abuse. This is not new ground for the highest court in the land, however, as they voted against expanding Bivens when a border patrol agent, unprovoked, shot and killed a 15 year old Mexican child named Sergio Adrián Hernández Güereca, a child who was simply playing with his friends near the border. The court decreed that opening up the Bivens claim to cold-blooded child murder could get in the way of national security interests. Even when the Mexican government demanded that the agent, Jesus Mesa Jr., be extradited and tried on Mexican soil, there was no justice for Hernández or his family.

Whether or not Democrats want to acknowledge this reality, the court is committed to removing as much accountability from law enforcement agents and officers as possible. Justice Clarence Thomas has even stated that he wants to overturn the court rulings on same-sex marriage and contraceptives, a terrifying proposition, as even with conservative justice Neil Gorsuch voting with the liberals on the court (as he has upheld LGBT rights in past rulings), the conservatives can still eak out a 5-4 majority.

With the nightmarish situation we have found ourselves in, what solution does the Democratic Party offer? Get out and vote. Vote for the party that let this happen in the first place, for the party that is currently abandoning its constituents. Re-elect President Biden, and maybe some of these conservative justices will die at the appropriate time to appoint new ones. Even if this were to happen, are we supposed to trust Democrats after what happened with Garland? It seems the Democratic party allowed Roe v. Wade to be overturned in hopes that it would bolster their chances in the upcoming House and Senate elections, and Nancy Pelosi, along with many other Democrats, are already using the news to push for campaign donations.

If Democrats cared about their constituency, then they would care about winning. If they cared about winning, they would pursue court reform: term limits, court expansion, and mandatory gender equivalency for justices. And, most importantly, they would have pursued it as soon as the court had a conservative majority, not after Roe v. Wade was already dead in the water. 

The policies pushed by the court aren’t popular: 64% of Americans believe Roe v. Wade should be preserved, and 50% that policing needs major reform; if you need tangible proof of how disconnected they are from Americans, just look at the walls they erected to protect themselves from us filthy commoners. Does an institution like this deserve our respect?

I think not. We need to resist this hijacking of our government, personal liberty, and justice — If the Democrats aren’t willing to step up to bat, then they’ll find themselves out of power very, very soon. And then, when Donald Trump wins in 2024 and Republicans control the House, Senate, presidency and Supreme Court, the real ghouls come out to play. God help us all.

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Louisiana State University

The populace is ill-equipped at rigorously filtering through the wildfire of information produced by the digital age.