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Senator Ted Cruz(R-TX) appeared on Fox News’ Ingraham Angle show (12/1/21) to discuss the Mississippi abortion law currently playing out at the United States Supreme Court. Conservatives consider this Mississippi law their best shot at dealing a fatal blow to the 1973 Roe v Wade decision which legalized abortion, given the fact that they now enjoy a 6-3 advantage on the high court. What caught Yours Truly’s attention from the interview however, was the very direct way(not subtle any more) both Senator Cruz and host Laura Ingraham, a very influential Republican in her own right, expect, even demand that the conservative Supreme Court justices toe the conservative ideological line. As a matter of fact, Ingraham and Senator Cruz went as far as laying an ultimatum to the six conservative justices on the U.S. Supreme Court: Strike down Roe v Wade or suffer the consequences of a limited jurisdiction court.
During the interview, as Senator Cruz was going on and on about why he thought the conservative Supreme Court would uphold the Mississippi abortion law, host Laura Ingraham interjected: “Senator if we have six Republican appointees on this court, after all the money that’s been raised, the Federalist Society, all these big fat cat dinners, I’m sorry, I’m pissed about this. If this court, with six justices cannot do the right thing here, the constitutional thing, then I think it’s time to do what Robert Bork said we should do, which is to circumscribe the jurisdiction of this court, and they want to blow it up, then that’s the way to change things finally because this can’t stand. This is insane.”
A concurring Senator Cruz responded: “I would do that in a heartbeat. As you know, the constitution gives Congress the authority to restrict the jurisdiction of the court, I think we should do that…”
There’s no other way any reasonable person would interpret Senator Cruz’s interaction with Fox News host Laura Ingraham other than Republicans have for decades, organized and raised large sums of money through the Federalist Society and others, to put like-minded justices on the United States Supreme Court, for the express purpose of overturning Roe v Wade, and for the high court to generally act as a rubber stamp for other Republican Party/conservative ideals. What Senator Cruz and Ingraham are expressly conveying to the six conservative justices on the U.S. Supreme Court is pretty clear, and that is, they better toe the Republican Party line by striking down Roe v Wade, or else suffer the consequences of a limited jurisdiction Supreme Court–have their powers reduced.
This direct threat Senator Cruz and Ingraham leveled at the conservative justices of the U.S. Supreme Court confirms what liberals have argued all along, and that is, the U.S. Supreme Court as is currently constituted, six conservatives and three liberals, is for all intents and purposes, a political court. This is especially so when one considers the egregious conduct of then Senate Majority Leader Mitch McConnell(R-KY), who robbed President Obama of an opportunity to fill the late Justice Scalia’s seat using the bogus “election year” rationale. Sen McConnell then turned around and abandoned his “election year” rationale in late 2020, to rush through the confirmation of Trump’s nominee Amy Coney Barrett to replace the late Justice Ginsburg. Simply put, the conservative Roberts Supreme Court has become a political body, whether or not the justices want to acknowledge that fact.
Bottom line folks, this ultimatum by Senator Cruz and Ingraham should put to rest this myth that the 6-3 Roberts Supreme Court is some apolitical body, only interested in deciding cases on their legal merits. Republicans have fought for decades, and have succeeded in installing justices they are sure, will tow the GOP line. Now they expect/are demanding results, beginning with Roe v Wade. The only question remaining should be how we free the U.S. Supreme Court from it’s GOP captors, and revert it back to it’s proper realm, as the premier legal institution in America. One possible solution would be to expand the court.
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You may reach the author via email at administrator@grassrootsdempolitics.com or author@emolumentsclause.com