Greg Brozeit notes here an alarming aspect implicit in the Alito draft decision overturning Roe v. Wade. His comment appeared on the blog. Alito and four other radical conservatives demonstrated that precedent and stare decisis mean nothing to them. Despite their assurances under oath to the Senators who interviewed them, the radical justices intend to overturn a right declared by the Supreme Court 49 years earlier. Never in the history of the Supreme Court has a right granted by the Court been overturned. This radical, reckless decision will set off more demonstrations and protests. Recent polls show that only about 20% of the nation believes that abortion should be banned under all circumstances. The rest believe that it should be safe and legal, with certain conditions, such as rape, incest, the life of the mother. The sweep of this unprecedented revocation will leave many people wondering what other prior decisions will be overturned.

Greg Brozeit writes:

Just as CRT is not about education, the Alito Roe draft is not about abortion. It is much bigger. Some of you come oh so close to crossing the rhetorical goal line. The real question is not if or why, but how this becomes a legal mallet that makes no decision “safe.”

If the wording “Roe was egregiously wrong from the start” remains intact in the final opinion, it basically creates a precedent that precedent no longer exists. It would effectively be the first mortal wound in the legal doctrine of stare decisis as a check on judicial power. Its goal is to make a mockery out of the idea of judicial review as to render it meaningless. It’s “reasoning” could seep into and dominate all law from civil to maritime to military. And it fits perfectly with ALEC’s strategy to marginalize judicial review with packaged, ready-to-go legislation for lazy, partisan, or stupid (or all of the above) statewide elected legislature or governor.

This was not a legal shot over the bow. It was a direct hit on democracy and left no doubt that the only thing this court wants more is a tailor-made case that will give them stronger legal “reasoning” to be even more draconian. That would be the only reason this language might not be in the final decision handed down. It would be a short-lived “victory” that would be a prelude to something even worse for average and poor Americans.

This is the typical drivel the DNC-driven agenda gives us, focusing on individual policies rather than the real existential threat to democracy the Republican Party poses from local government through the office of the presidency. Now as correct as we may be about the fate of women’s rights and as big as that issue is, this is about much, much basic stakes. The radical right and their few partners on the looney left understand this. Hardly anyone else, it seems, does. Or at the very least, they can’t identify the true threat this enemy is posing. If they do not win now or in the next elections, they will continue to poison and cripple the system until they do. That, it seems, is the best we can hope for now. A slow death with faint hope for a miracle recovery rather than an immediate plunge into fascism.