The Nuclear Option: Even Abortion Enthusiasts Know Roe v. Wade Has No Legal Logic


Of course the whole point of replacing retiring Justice Anthony Kennedy is overturning Roe v. Wade. That and a thousand other egregious overreaches by the panel of unelected, robed autocrats.

People often lament that the court today settles so many of its most wide-reaching court cases on 5-4 decisions. Justice Kennedy is often the swing vote on whom the final verdict rests. People lament that this shows how hopelessly divided America is. How deeply partisan our federal government has become.

No, actually. Rule by 5-4 fiat says nothing about that, though certainly, people should sorely lament.

But they should lament because the fact of so many 5-4 decisions lays bare the truly shocking and stunning reality that the high court has become infected by at least four Supreme Court justices who have no idea what they are doing.

They have never grasped the Constitution. They have no understanding of the Separation of Powers. They are totally unaware of the limitations of their own powers. They are, to be blunt, constitutionally illiterate.

So many 5-4 decisions simply mean that there are at least four justices now on the court who think that the court — not the elected legislature — makes law.

These illiterates openly admit that they do not believe that the words written in the constitution mean what they say.

They talk about a “living constitution,” which is just a dishonest phrase that means they think the Constitution is full of words that mean whatever they feel like they mean on any given day — so long as they are in power.

This is how you wind up with a Supreme Court that finds an absolute right to abortion in a Constitution that does not contain the word a single time. And this right to abortion is no simple right. It is a Super Right, according to them.

This is how you wind up with a court that includes hapless justices who acknowledge the Super Right to abortion, yet have a hard time seeing the explicitly named right to keep and bear arms in the Second Amendment.

Most terrifyingly, these same constitutionally illiterate, unelected, power-drunk souls also fervently believe there is no balance of power. The Supreme Court is the Supreme Power.

Equally terrifying is that there is an entire political party that subscribes to the same constitutional lunacy and bows in fealty to this imagined Super Right of abortion.

For 45 years now, the Constitution has been under assault by this fraudulent Roe v. Wade decision that created this absolute Super Right on a 7-2 vote, a majority that has since eroded.

Don’t ask me. Ask any honest liberal jurist.

Even abortion enthusiasts who care about the rule of law and respect the pillars of a constitutional republic will tell you that Roe v. Wade is disastrously settled law. There is no legal logic to it. The whole rickety thing is held up by a tiny thread.

And, yet, for 45 years this Roe v. Wade edict from the unelected has stifled honest debate about abortion, corrupted the entire federal judiciary and corroded every aspect of American politics.

The sooner it is overturned and the sooner the federal judiciary is returned to its limited confines, the sooner this country can get back striving every day for Equal Justice Under Law.

• Charles Hurt can be reached at; follow him on Twitter via @charleshurt.


Please let us know if you're having issues with commenting.