Today is the annual marking of the grim milestone of Roe v. Wade. The annual March for Life, although well intentioned, is the day every Republican politician can freely feign outrage over a decision that led to the deaths of 60 million babies while refusing to use the constitutional tools they have to rectify this evil.
Particularly jarring about this year’s march is that it coincides with complete GOP control of Washington, and nobody paying the slightest attention to the power they hold to rectify the abortion travesty. In fact, it appears that virtue-signaling about babies has become an end to itself rather than ensuring their brains don’t actually get sucked out with taxpayer funds. Meanwhile, there’s a thing or two conservatives can learn from Democrats.
It’s eerie watching the March for Life as we are in the midst of a budget battle in which funding for Planned Parenthood is not even up for debate — with Republicans in full control. The publication of the videos two years ago showing Planned Parenthood engaged in trafficking and harvesting of baby organs was a watershed moment in the 45-year debate over Roe because it proved conclusively that abortion was not about being a “safe, rare, and legal” necessary evil, but rather a triumph of barbarism as a virtue in itself.
Nonetheless, Republicans, who could have forced the issue even under Obama, won’t even discuss the issue of these unborn American dreamers who are being wantonly killed every day. Nope. The entire landscape of debate over the budget is about amnesty to illegal aliens, which has nothing to do with a budget anyway, unlike funding a criminal organ trafficking network.
And speaking of illegal aliens, it’s awe-inspiring to observe the asymmetrical warfare between the two parties. The GOP, when in the majority and buttressed by the Planned Parenthood videos, will not even entertain merely cutting off taxpayer funding for a criminal abortion enterprise. Yet, Democrats, even when in the minority, will fight to the brink of a shutdown to get amnesty and taxpayer benefits for illegal aliens — completely extraneous to the budget bill.
That is because whereas Republicans seek office, Democrats seek power. While Republicans will use our issues to get elected and then avoid every opportunity to advance that agenda, Democrats will use their election victories (and even losses!) to advance their agenda while leaving no stone unturned — legal and illegal — to block dissent.
Which brings us to the ultimate shutdown of our government – the reign of judicial supremacy.
Any discussion of abortion, or frankly, any important issue these days, is meaningless without discussing judicial reform. What we learned in 1973 was that if an unelected court can decide a fundamentally political and philosophical question not addressed in the Constitution — and have that decision unflinchingly adhered to by all the states and the other branches of the federal government — then there is no limit to what they can do to our Constitution, sovereignty, security, and society.
This point was so tragically and absurdly on display this past year as the second most important court in the land mixed an expansion of abortion jurisprudence together with lawless immigration jurisprudence to create a right for illegal aliens to trespass and demand access to an abortion. Yet nothing seems to jolt Republican members of Congress out of their slumber to discover that Article I gives them 100 percent control over the lower courts and that Article III Sec. 2 grants them full power to regulate the appellate jurisdiction of the Supreme Court.
The entire strategy of the “Right” for the past 45 years has been to legitimize judicial supremacy, while promising to get enough of their own people on the courts to overturn bad decisions. Aside from the numerous other faults in this argument, there is no guarantee that Alito and Gorsuch would necessarily reverse Roe and Casey, at least not categorically. And even if they would, it’s clear we’d only have three votes.
Meanwhile, as we’ve legitimized the specter of judicial supremacy, the courts have redefined married, citizenship, foreign policy, sexuality, and election laws. The list goes on.
It seems that there is no floor to the depths of judicial Gomorrah that will ever elicit a righteous reaction from the Right to use its constitutional powers over the courts. We’ve seen that 60 million dead babies weren’t enough reason. Mandating transgenderism in the military, abortions for illegals, and concocting an international right to immigrate aren’t either. After all, if courts can make death out of life, they can make denizens of aliens and Y chromosomes out of X chromosomes.
Courts are now elevating Roe and Casey to such a level that states are being prohibited from even imposing basic safety regulations on abortion clinics or banning the most gruesome abortion practices. They are even forcing states to actually fund Planned Parenthood. As we learned in the illegal alien abortion case, anything short of directly driving an illegal alien to an abortion clinic is deemed an undue burden on a fundamental right. Legal immigrants have no First Amendment right to donate to political campaigns or Second Amendment right to own a gun, but illegal aliens now have the “right” to the phantom amendment of abortion, which has been elevated over real rights.
And what is the reaction from the GOP and even so-called social conservative groups? Crickets. They obsequiously listen to every whim of a district judge, even when it violates statute, Constitution, settled case law, common sense, and morality.
This is the permanent, categorical, and almost irreversible government shutdown nobody is discussing. We can only go so long as a nation when states are forced to follow illegitimate edicts of illegitimate powers but other states can openly thwart the most legitimate and foundational laws flowing directly from constitutionally granted powers. And we can only go so long as a nation when one party is willing to fight for the illegitimate and immoral with 100 times the gusto the other party is willing to fight for the legitimate and the moral.
The solutions and tools are there for us in the Constitution. But we won’t come to a resolution on abortion or any other important issues as a nation until Republicans care about 60 million murdered babies as much as Democrats care about illegal aliens.
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.