Thursday, April 19, 2007

Supreme Court Upholds Late Abortion Ban:
Right-wing Judicial Activism Run Amok

From AlterNet:

What's remarkable about the bill upheld by the Supremes today is that about 50 percent of the text is devoted to explaining why Congress is justified in ignoring the court's findings in Stenberg. The essence of the argument is that Congress has different standards of evidence and needn't consider the same data that the courts looked at. The argument was supported with case law from challenges to the Voting Rights Act and a telecommunications law, neither of which were questions of scientific fact. In overturning Stenberg, the court effectively affirmed the idea -- long popular among the Christian-right -- that the judiciary in general should and can be 'restrained' by legislative bodies.

Click here for more.

I'm totally unsurprised and totally outraged. Unsurprised because our moron-in-chief months ago managed to tilt the Court rightward by finding justices even more conservative than the ones he replaced, and the dokney-brained Democrats did slim to nothing to stop it. Totally outraged not only because this is the first major step in laying the legal groundwork for overturning Roe, but also because in order to get the ruling they wanted, the Court's conservative majority had to essentially abandon Marbury v. Madison, the foundation for virtually all power held by the judiciary branch. This is bad, bad news. It's not just about abortion, and, believe me, even if it was it would still be pretty dire: it's about totally reworking a system that for two centuries has made sure that Congress doesn't violate the Constitution.

Really, the potential now exists to render the Constitution completely irrelevant. Bye-bye USA.