Supreme Court abortion pill case spells trouble for Biden

 March 27, 2024

Joe Biden's re-election campaign was watching the Supreme Court anxiously on Tuesday as the high court weighed a case with major implications for 2024.

What Biden's team heard probably wasn't what they wanted or expected, as the justices appeared poised to protect access to the abortion pill.

While that might seem like a win for Biden's supporters, it's unfortunate news for Biden, who is staking his re-election largely on scaring voters with alarmist rhetoric about abortion restrictions. 

Supreme Court weighs abortion pill

Faced with daunting poll numbers and persistent questions about Biden's mental fitness, Democrats are desperate for a repeat of the 2022 midterms, which unexpectedly broke their way after the Supreme Court overturned Roe v. Wade in a historic decision.

Biden has made his strategy plain, even warning the Supreme Court not to underestimate the political power of women during his State of the Union this month.

But Biden's threats may have backfired, as it now seems the court is set to rein itself in.

During arguments over the abortion pill Tuesday, the justices appeared to think the remedy requested by the challengers was disproportionate, and the court didn't sound convinced the challenge had "standing," meaning, a concrete injury to back it up.

“This case seems like a prime example of turning what could be a small lawsuit into a nationwide legislative assembly on an FDA rule or any other federal government action," conservative Neil Gorsuch said.

Biden's strategy shows its limits

It's easy to see why Biden wants to keep abortion at the top of the agenda.

The electorate remains broadly pessimistic about the economy, and shocking, urban crime, often involving illegal immigrants, has highlighted his failure to control the southern border.

But abortion has proven a potent issue for Democrats even in red territory like Ohio, which voted to enshrine abortion in its constitution last year.

Democrats are hoping to reap a similar dividend from the IVF controversy that erupted in Alabama, which has left Republicans scrambling to defend the popular procedure that some consider immoral.

If the Supreme Court decides to leave the abortion pill alone, Biden could be forced into the awkward position of praising an institution that he has often demonized as "extreme" and little more than a rubber stamp for Trump - or Biden could say nothing at all and give the game away.

The Supreme Court is showing that Biden's cynical demagoguery has its limits.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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