Sotomayor Loses Cool Creates Stench In Abortion Case

The most political Justice, progressive Sotomayor, warned her conservative colleagues Tuesday their overturning of Roe v Wade on “political” points would raise a “stench” in America without realizing the stench was coming from her own mouth. WSJ kindly noted, “she lost her cool” during oral arguments in Dobbs v Jackson Women’s Health Organization now before the High Court. But, to talk political trash about other Justices’ motives in the sacred chamber rather what the Constitution requires shocked most court watchers.

It’s a shame because lost in Sotomayor’s rant was “a fascinating discussion on rights in the Constitution and when to overturn its own precedents.” As the newspaper’s editors noted, “The media consensus is that a majority is prepared to alter its standard of review for abortion regulation by the states, though you never know for sure based on questions in oral arguments.” Yet, if that one Justice had her mic turned off for “violating the Court’s normal standards of decorum to make her point,” the other just as “passionate” Justices treated us to some deep legal analysis worth hearing.

As the WSJ noted, pro-abortion Justice Breyer “also made clear he thinks [a Roe reversal] would damage the Court’s [already damaged] reputation … but did so by teasing out a colloquy on the standards of stare decisis.” The other Justices somehow “took Justice Sotomayor’s bad temper in stride” as Justice Kavanaugh “was forceful in pointing out the Constitution is ‘neutral’ on abortion” & favors neither side of the issue. Meanwhile, Chief Justice Roberts as usual probed for a middle ground, questioning whether the abortion-limiting Mississippi law before them might pass muster under the Court’s existing, if vague, “undue burden” test. Regardless, is it time for all Supremes to get a grip on an issue that has gripped the nation for 50 years?

Davd Soul