Tuesday, November 01, 2005

OP ED: Liberals about to lose in court.

Despite right-wing panic, George Bush knew he had nominated a solid conservative in Harriet Meirs. It did not play out that way. The lack of judicial record and experience that was believed to be a benefit backfired into a disadvantage. Instead of befuddling the opposition of both philosophic wings, it united them in fear – each thinking she would sell out to the other.

Not willing to make that mistake again, the President chose the only kind of candidate he will nominate, a strict constructionist conservative pro-lifer – currently Samuel Alito. Unless the Democrats are willing to block every Supreme Court nominee for the next three years, they have no chance of a pro-abortion justice. The Senate minority is disingenuous in saying there should be no “litmus test” while placing an absolute prerequisite on the question of one specific decision.

The battle may be long and ugly. The pledge not to filibuster is likely to be broken by desperate Democrats, and the Senate may have to change the filibuster rule to re-establish the simple majority “consent” envisioned by the founders (not a bad reform in its own right). The current Democrat position is nothing less than minority dictatorship – attempting to force the nomination of THEIR candidate by obscene obstructionism and character assassination.

Despite short term desperation tactics, the Court will soon shift decidedly to the right. The liberal allusion to “balance” is a public fraud – an arrogant euphemism for liberal dominance. The Supreme Court has nine members so that there is never a “balance” on any issue. The Court is not in balance today, it is a precariously liberal court about to become a conspicuously conservative Court – and the ramifications go well beyond the issue of abortion.

Though seemingly unrecognized, or openly confessed, abortion is not a winning issue for liberals. Most Americans disapprove of abortions, as a practice. Most Americans disfavor various extreme forms of legal abortions. Under the new court, the practice will not be extended. Via various legal challenges, it is more likely that the most egregious and unpopular abortion practices and laws will be trimmed, to say the least.

After time and legal evolution, it is even likely that Roe v. Wade will be overturned in a restoration of moral underpinning (as it should be). One hundred and fifty years ago, the Democrat-controlled Supreme Court declared that blacks had no rights as citizens. The Dred Scott decision was eventually overturned by moral enlightenment – and Republican appointments to the Court.

Even the overturning of Roe v. Wade will not ban abortions, as fear-mongering liberals peddle the argument. It simply de-federalizes the issue, leaving the states in the business of setting legal standards based on local values. If abortion is so popular with the masses, one presumes that states would legalize the procedure. Of course, if I were a pro-abortion liberal, I would not presume the assumption … nor the outcome.

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