The end of the Roe V. Wade era has many Democrats and liberal talking heads complaining that the Supreme Court has lost “legitimacy.”
Some, like Rep. Alexandria Ocasio-Cortez (D-NY), have even called for the conservative justices to be impeached for “lying under oath,” Breitbart reported.
In a cable news hit with Meet The Press, AOC said that Brett Kavanaugh and Neil Gorsuch lied by telling the Senate they would not overturn Roe v. Wade.
She said that “there must be consequences for such a deeply destabilizing action” as the Supreme Court’s ruling that abortion is not a Constitutional right.
The sentiment that the conservative justices lied about Roe, and therefore should be impeached, is being widely echoed on the left despite evidence to the contrary. None of the court’s five conservatives ever said they would not overturn Roe, although they did acknowledge that it was an important precedent.
Kavanaugh called Roe an “important precedent” that has “been reaffirmed many times.” Gorsuch similarly said Roe “had been reaffirmed” but hedged that it would “send the wrong signal” for a judge to “start tipping his or her hand about whether they like or dislike this or that precedent.”
Amy Coney Barrett declined to say that Roe was a so-called “super precedent,” but “that does not mean that Roe should be overruled.” She didn’t say that it shouldn’t be overruled.
The left melts down
You could say that the justices were, at worst, cagey about their views on Roe. But if we are going to impeach Supreme Court justices for giving evasive answers during their confirmation hearings, we won’t have many justices left. (See: Ketanji Brown Jackson on the topic of what a woman is.)
In his majority opinion in Dobbs v. Jackson Women’s Health Organization, Justice Alito argued that the courts do not have an “inexorable command” to follow precedent.
He cited Plessy V. Ferguson, which upheld the “separate but equal” doctrine of racial segregation before it was overturned in Brown V. Board of Education.
“Like the infamous decision in Plessy v. Ferguson, Roe was also egregiously wrong and on a collision course with the Constitution from the day it was decided,” he wrote.
What made Roe so special that the Supreme Court has lost “legitimacy” by overturning it? As always, the Left is just making up the rules as they go along.