Imposing the Right to Abortion by Executive Fiat

By Larry Huss,

On Friday, June 24, 2022, the Supreme Court of the United States issued its opinion in Dobbs v. Jackson Women’s Health Organization overturning a five decade-old travesty set by Roe v. Wade that made up a constitutional right to abortion despite not a single word in the United States Constitution dealing with abortion – pro or con. (Despite its eleemosynary sounding name, Jackson Women’s Health Organization is an abortion mill.) The effect of the ruling in Dobbs is to return the issue of abortion to the states which is precisely what the United States Constitution required under the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

But by nightfall the hair-on-fire progressives led by the United States Senate’s finger-wagging chief scold, Sen. Elizabeth Warren (D-MA) and child-like Rep. Alexandria (Sandy) Ocasio-Cortez (D, Socialist- NY) began screaming for President Joe Biden (D) to declare a national health emergency to protect the right to an abortion despite the Supreme Court’s ruling.

Ms. Warren apparently is no better lawyer than she was a Native American because a president of the United States – even one as confused as Mr. Biden – does not have the power to overturn a decision of the United States Supreme Court. And Ms. Ocasio-Cortez is . . . is. . . well dumber than a bag of hammers.

But the real story concerning their demands is much deeper and much more self-serving – well at least it is for Ms. Warren. (Ms. Ocasio-Cortez is still waiting for the music and the dance video before she can decide her next move.) Ms. Warren can read polls as well as anyone. She knows that if the states are allowed to vote on the abortion issue that nearly half of them will choose to regulate abortions– running all the way from a total ban to limitations based on either time or the viability of the unborn child. And Ms. Warren cannot stand that- and for that matter neither can any of the liberal/progressive water carriers in Congress. The whole reason that the Supreme Court invented the constitutional “right to abortion” was because the liberal/progressives could not muster the votes in any state to overturn existing statutory abortion restrictions. So they just made it up and imposed a ban on states regulating abortions in any fashion. That’s the liberal/progressive way: if you cannot get your way through the legislative process, then ask the courts to impose it any way. And when you have a sufficient body of liberal/progressive judicial appointees that is just what they do.

That is precisely why it is appropriate to remind the public that the liberal/progressives do not believe in democracy – they do not believe in the legislative process – and they do not believe that our citizens know what is best for them. That’s why they always turn to executive or judicial fiats regardless of whether there is underlying authority for its exercise. (I’ve always been disappointed in the Republican Party for failing to challenge the gubernatorial edicts which intruded on our freedoms during the COVID crises because in most instances I believe that the federal courts would have found that they either lacked the authority or the means by which they exercised authority unnecessarily interfered with basic human rights – real constitutional rights, not the ones made up by the Warren Burger court.)

But there is even more to this story. Despite Mr. Biden’s protestations that he is going to run for re-election in 2024, he is not. At this point in time it is doubtful that Mr. Biden could beat even a nut job like former-Rep. Robert O’Rourke (D-TX). When the dust clears from the wreckage to the Democrat Party after the mid-term elections in November Mr. Biden will be toast and the liberal/progressive/socialist wing of the Democrat Party will demand reparations from having Mr. Biden thrust upon them when they obviously preferred Sen. Bernie Sanders (Socialist-VT) or to a lesser extent fake-Native American Sen. Elizabeth Warren (D-MA).

Mr. Sanders will be 83 years old at the time of the 2024 election while Mr. Biden who is visibly declining in cognitive skills will be a year younger at 82. The electorate are simply not going to accept another old, white liberal/progressive/socialist man after the mess made by the current one. Of course, while Ms. Warren is five years younger than me she won’t exactly be a spring chicken herself at age 75. But more importantly, Ms. Warren – short of Mr. Sanders – is better organized than any of her would-be challengers. Her demands to federalize the abortion issue will be put her in the forefront of her likely challengers. – they will now sound like a chorus of “me-too’ers.” (We don’t want to forget what happened to Vice-president Kalamata Harris when she had not a single original thought but embraced every goofy proposals put forth by the remaining candidates during the 2015 Democrat primaries. Nobody wants an echo for a president.)

Ms. Warren desperately wants to be president – not just because she would be historically the first woman president, but because she would be in a position to impose her social and economic agenda on the American people without regard to the Constitution or the Congress of the United States. That pitched forward, finger-wagging harridan in the pastel linen jackets would be issuing edicts during the day and laughing at the chumps who elected her at night. While more and more it appears that Mr. Biden is useful idiot* run out to read from the teleprompter lies about what his administration is doing and more lies about how it is working or lies about why it isn’t working, Ms. Warren would be in full charge and would rap you on the knuckles if you dared to disagree.

While I may make light of the personal idiosyncrasies of people like Mr. Biden, Ms. Warren and Ms. Ocasio-Cortez, their goals of changing the fundamentals of America – economic and social – are nothing to laugh about. They are dedicated liberal/progressive/socialist who are unafraid to bypass the American democratic processes to advance their dangerous socialist agenda. The end of America as a dominant voice for freedom, economic stability and representative democracy is not so easily visible that each election must be about holding socialism and their brand of fascism in check. I don’t care whether you like President Donald Trump or not. I don’t care whether he is re-elected in 2024 or not. I do care that the far left wing of the Democrat Party – the liberal/progressive/social wing – the party of Mr. Sanders, Ms. Warren, Ms. Ocasio-Cortez, Vice-president Kalamata Harris, Chesa Boudin, George Gascon, the Squad and the other half-wits following them – be denied any further gains in advancing the socialist agenda. (I would have included former Oregon Speaker of the House Tina Kotek (D-Portland) but she is in her last hurrah as she runs for Oregon Governor and gets beat by either Betsy Johnson (I) or Christine Drazan (R-Canby) or both).


* For those of you forced to endure a teachers union led education in the Portland Public Schools, a “useful idiot” is defined by Merriam-Webster as a naive or credulous person who can be manipulated or exploited to advance a cause or political agenda.