Discover more from AND Magazine
Biden's DOJ Announces It Will Ignore The Supreme Court's Decision
Earlier today the Supreme Court ruled that there is no constitutional right to abortion. It did not outlaw abortion. It simply said the issue should be decided by democratically elected legislatures in the fifty states.
You know. Like the founders intended and the Constitution says.
This, of course, is heresy to the self-appointed elitists who run the federal government and want very much to continue transforming the country into some sort of authoritarian nightmare in which the Marxist elite tells everyone else what to do and the great unwashed shut up and obey their betters.
Almost immediately, in fact, the oligarchs voiced their outrage.
Maxine Waters appeared in front of the Supreme Court telling everyone that the decision was not just wrong but illegitimate. She expressly called on people to simply ignore the decision and defy the court.
Joe Biden was not far behind. He rapidly appeared in front of the cameras to express his opinion – ‘The Supreme Court decision was illegitimate. It just took away a constitutional right.’ Never mind that nowhere in the Constitution is there any reference to abortion at all.
Perhaps most disturbing, however, is the statement made by Attorney General Merrick B. Garland today following the Supreme Court’s decision in Dobbs, State Health Officer of the Mississippi Department of Health, et al. v. Jackson Women’s Health Organization et al. Here is that statement in its relevant part.
“Today, the Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey and held that the right to abortion is no longer protected by the Constitution.
…The Justice Department strongly disagrees with the Court’s decision.”
“But today’s decision does not eliminate the ability of states to keep abortion legal within their borders. And the Constitution continues to restrict states’ authority to ban reproductive services provided outside their borders.
“We recognize that traveling to obtain reproductive care may not be feasible in many circumstances. But under bedrock constitutional principles, women who reside in states that have banned access to comprehensive reproductive care must remain free to seek that care in states where it is legal. Moreover, under fundamental First Amendment principles, individuals must remain free to inform and counsel each other about the reproductive care that is available in other states.”
“The Justice Department will work tirelessly to protect and advance reproductive freedom.”
“And we stand ready to work with other arms of the federal government that seek to use their lawful authorities to protect and preserve access to reproductive care. In particular, the FDA has approved the use of the medication Mifepristone. States may not ban Mifepristone based on disagreement with the FDA’s expert judgment about its safety and efficacy.”
“Furthermore, federal agencies may continue to provide reproductive health services to the extent authorized by federal law. And federal employees who carry out their duties by providing such services must be allowed to do so free from the threat of liability. It is the Department’s longstanding position that States generally may not impose criminal or civil liability on federal employees who perform their duties in a manner authorized by federal law.”
“The Justice Department will use every tool at our disposal to protect reproductive freedom. And we will not waver from this Department’s founding responsibility to protect the civil rights of all Americans.”
It is startling enough that the head of the Department of Justice would come out so strongly with comments deliberately designed to characterize the Supreme Court decision as not just wrong but illegitimate. Garland’s comments, though, are not simply opinion. He makes crystal clear that the federal government intends fully to act to undercut not just the Supreme Court’s ruling but any state laws now promulgated which may restrict access to abortion.
Consider the import of that. The Supreme Court says there is no constitutional right to have an abortion. State legislatures, duly elected by American citizens are free now to authorize, restrict or ban abortion as they see fit. If they do restrict abortions, however, the federal government – per Garland’s statement – will utilize its full power to frustrate the actions of state legislatures and guarantee that residents of those states can find ways to circumvent state law.
It is also noteworthy that there is effectively no reference to Congress in Garland’s comments. He does not speak in terms of drafting legislation for passage by the House and Senate. He speaks apparently for the entire U.S. government wielding some power described nowhere in the Constitution and therefore subject to no known limits.
The Attorney General believes the Supreme Court decision is illegitimate and women have a right to seek abortions whenever and however they choose. Let it be so. No questions about his authority to issue such edicts will be tolerated.
The great fight of our time is between those who continue to believe that we live in a republic and power derives from the people and those who wish to fully transform this nation into an autocracy run from an imperial city. This is the real significance of today’s Supreme Court’s decision. It says issues like access to abortion should be decided by legislators elected by the voters not by appointed judges.
This cannot be allowed to stand. There can be no limits on the power of the oligarchs. They will tell you how to live and what you can and cannot do.
This is why Biden’s Department of Justice hurried to make sure you understood – it will ignore the Supreme Court’s decision.