On Wednesday, the United States Supreme Court heard oral arguments in Dobbs v Jackson Women’s Health Organization, a case revolving around a law the Mississippi legislature passed which bans abortions after the fifteenth week and which challenges provisions of Roe v Wade. During the argument, Justice Sotomayor raised a concern that the Supreme Court could be viewed as political if it changes its ruling on abortion when she asked the lawyer for the State of Mississippi, “Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?” She feared the specter of public perception that the justices of the United States Supreme Court will be viewed as nothing more than political hacks if Roe v Wade is overturned after nearly fifty years.
Sotomayor didn’t just raise the issue of politics, she accused the State of Mississippi of political opportunism, “Now the sponsors of this bill, the House bill, in Mississippi, said we're doing it because we have new justices...the Senate sponsor said we're doing it because we have new justices on the Supreme Court.”
Perhaps Justice Sotomayor lives in a too sterile or isolated world. Perhaps she doesn’t know that a recent Gallup poll revealed that only 40% of Americans approve of the way the Supreme Court is handling its job. That is a low point since these polls have been taken.
Justice Sotomayor apparently doesn’t realize that most Americans already believe the lawyers appointed to not only the Supreme Court, but to all federal courts, are nothing but political hacks. An old saw in Texas goes: A district judge is a lawyer who knows a governor. In the case of federal judges, most are lawyers who have been active at some level of politics and have come to know a congressman or senator, or perhaps a future president. Nomination of a federal judge by a president is a political act, just as nominations to cabinet positions or as ambassadors are.
A poll was taken October 13-17, 2021 by Selzer & Company for Grinnell College. The poll revealed that 60% of Republicans, 66% of Democrats and 63% of Independents said they believe politics drives the decision making of the Supreme Court. Only 30% of those polled said the Constitution and the law are factors in the Court’s decisions.
During the 2020 presidential election, a number of congressional Democrats strongly suggested an expansion of the Supreme Court if a particular nominee was confirmed. Democrats wanted to “balance the court” against the three justices President Trump had successfully placed on the Court. And, candidate Biden floated a plan to rotate members of the Supreme Court to lower federal courts from time to time and replace them with other federal judges. Those two actions affirm the specter Justice Sotomayor fears-at least from the Democrat viewpoint- that the Supreme Court is a group of political hacks instead of a deliberative body seeking true justice.
That Sotomayor should be concerned about the perception of political hackery on the Supreme Court is laughable. During her confirmation hearing it was revealed that she had given a speech in 2001 in which she made the following racist comment, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.”
The issue of abortion is no less political today than it was in 1973. If the Supreme Court believed in 1973 in the case of Roe v Wade that it had attained justice in its decision, and not played to political pressure, the question is: justice for whom? Its decision unleashed a forty-eight year exercise of genocide which places the United States as the most murderous civilization in history. In the past forty-eight years, more than 63,000,000 babies have been murdered because seven lawyers who knew some presidents decided they were smarter than God.© Jim Terry
The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.