Democrats Will Use Supreme Court Battle to Attack Justices Who Oppose Unlimited Abortion

National   |   Steven Ertelt   |   Apr 12, 2010   |   9:00AM   |   WASHINGTON, DC

Democrats Will Use Supreme Court Battle to Attack Justices Who Oppose Unlimited Abortion

by Steven Ertelt Editor
April 12
, 2010

Washington, DC ( — A new report indicates Democrats in the Senate plan to use the upcoming battle over a Supreme Court nominee as a chance to attack the four conservative members of the high court who oppose abortion. Any nominee President Barack Obama puts forward will likely join the group of four abortion advocates for a 5-4 pro-abortion majority.

While another abortion battle is expected on the upcoming nomination — with pro-life and pro-abortion groups dueling over the Roe v. Wade decision and the 52 million abortions it spawned — another battle may take place.

Politico reports today that Senate Democrats want to use the nomination fight as a chance to air their grievances with the conservatives.

They will apparently bash Chief Justice John Roberts and Justices Clarence Thomas, Antonin Scalia and Samuel Alito for moving the court to the right.

Together with Justice Anthony Kennedy, who supports Roe but has also gone along with modest limits and restrictions on abortion, the five judges overturned a 2000 decision on partial-birth abortions that saw Justice Sandra Day O’Connor write an opinion striking down a Nebraska ban on partial-birth abortions.

With Roberts and Alito on board, Kennedy wrote a new opinion in the Carhart case that reversed the earlier ruling and saw the court validate the ban on the gruesome abortion procedure.

Now, Senate Judiciary Committee Chairman Patrick Leahy told Politico that the upcoming Supreme Court confirmation process gives abortion advocates a chance to attack those conservative justices.

“I don’t think people are going to tell the nominee, ‘It is terrible what the Roberts court has done — what are you going to do to reverse it?’” he said.

“But I think what people are going to do is say, ‘Do you share our concern about the fact that the court always seems to side with the big corporate interests against the average American?’” he added. “I think there’s going to be more of the public realizing they really do have a stake in who’s on the Supreme Court.”

Don Stewart, a spokesman for Senate Minority Leader Mitch McConnell, told Politico it is wrong for Democrats to attack current justices while approving another.

“Are you telling me they want to use the Supreme Court confirmation for political purposes? They told us we weren’t supposed to do that,” he said. “Jeez Louise, I’m confused. You need a scorecard to keep up with these guys.”

On the other side, Senate Republicans have refused to rule out a filibuster of an Obama nominee and most all of the potential nominees named in the media to replace pro-abortion Justice John Paul Stevens are abortion advocates.

They include Elana Kagan, Diane Wood, Leah Ward Sears, Jennifer Granholm, Janet Napolitano, and others.

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