It was March 3, 2016, when uber-feminist Jill Filipovic published Dear Everyone Who Said Ruth Bader Ginsburg Should Retire: You Were Wrong: The Texas abortion case before the Supreme Court is just further proof that the justice knew what she was doing. Whole Women’s Health v. Hellerstedt was before the Supreme Court, and, in the end, Justices Stephen Breyer, Ruth Ginsburg, Anthony Kennedy, Sonia Sotomayor and Elena Kagan formed the five member majority which invalidated some restrictions the Lone Star State placed on abortion.
Well, Justice Kennedy retired and Justice Ginsburg departed this mortal vale, and the seat left vacant when Justice Antonin Scalia died have been filled, by Brett Kavanaugh, Amy Coney Barrett and Neil Gorsuch, all appointed by President Trump.
Miss Filipovic wrote:
Ginsburg, who many pundits were calling on to retire a little over a year ago, may be the justice who offers the best chance not only of overturning the law, but of writing a coherent and fair opinion laying out a detailed standard for challenging future abortion laws.
The argument for Ginsberg’s retirement was fairly straightforward: She was old, there was a midterm election looming in which Republicans were set to potentially take control of the Senate, and it was Obama’s last chance to appoint a liberal. And what if a Republican won in 2016? And again in 2020? Ginsburg, in her 80s, could be replaced by a conservative.
Ginsburg’s refusal to retire hinged on a few points: She still had all of her mental faculties, she was good at her job, and even the pre-midterm Senate wasn’t liberal enough to appoint someone as progressive as her. Besides, she’s a Supreme Court justice — have some respect and let her make the call.
“Who do you think President Obama could appoint at this very day, given the boundaries that we have?” Ginsburg told ELLE. “If I resign any time this year, he could not successfully appoint anyone I would like to see in the court. [The Senate Democrats] took off the filibuster for lower federal court appointments, but it remains for this court. So anybody who thinks that if I step down, Obama could appoint someone like me, they’re misguided. As long as I can do the job full steam…. I think I’ll recognize when the time comes that I can’t any longer. But now I can.”
So, Justice Ginsburg was concerned not the President Obama couldn’t get a liberal through, but that even if he tried with a stealth liberal like he did with Merrick Garland, the nominee wouldn’t be liberal enough for her.
When Miss Filipovic wrote, it was becoming clear that Donald Trump was in the lead for the Republican presidential nomination, and of course he could never defeat Hillary Clinton in the general election. The seat once held by Justice Scalia would be filled by someone nominated by incoming President Clinton.
This recent case offers the court an opportunity to clarify the “undue burden” standard, or craft a new one. Before Scalia’s death, there were fears the conservative wing of the court could use this case as a vehicle to overturn Roe v. Wade and dismantle abortion rights generally. Now, there is virtually zero chance of that happening; instead, the best-case scenario is that the liberal wing of the court triumphs and publishes an opinion making it more difficult for state legislators to cut off women’s access to safe, legal abortion, protecting abortion rights for at least the next generation.
The most likely candidate to write that opinion is Justice Ginsburg. And that should be enough for a clear ruling: She was absolutely right when she ignored the mostly male peanut gallery imploring her to hang up her robe, relied on her own supreme wisdom, and refused to retire.
I’m sure that the then-Miss Filipovic never, ever thought that it would be President Trump who would nominate the replacement for Mrs Ginsburg after she went to her eternal reward.
To the right is a screen capture of the now Mrs McCormick’s angry tweets of this morning. I chose a screenshot just in case she either deletes them — which is unlikely — or blocks me from seeing them, which she might do if she sees this article. The links to the original are for the first, second and third.
What has her so bitterly angry? From CNN:
By Ariane de Vogue, CNN Supreme Court Reporter | Updated 2:32 AM ET | Wednesday, September 1, 2021
(CNN) A controversial Texas law that bars abortions at six weeks went into effect early Wednesday morning after the Supreme Court and a federal appeals court failed to rule on pending emergency requests brought by abortion providers.
The lack of judicial intervention means that the law — which is one of the strictest in the nation and bans abortion before many people know they are pregnant — goes into force absent further court intervention.
The law allows private citizens to bring civil suits against anyone who assists a pregnant person seeking an abortion in violation of the ban.
No other six-week ban has been allowed to go into effect — even briefly.
“What ultimately happens to this law remains to be seen,” said CNN Supreme Court analyst and University of Texas Law School professor Steve Vladeck, “but now through their inaction the justices have let the tightest abortion restriction since Roe v. Wade be enforced for at least some period of time.”
The case comes as the justices are poised in the upcoming term to rule on the constitutionality of a Mississippi law that bars abortion at 15 weeks.
There’s more at the original.
Mrs McCormick, in the last of the three tweets I listed, complained about an “authoritarian court,” which leads me to ask: at what point would she favor authoritarianism herself? In her article The Importance of Being Honest: Sometimes we have to sacrifice for public health. But don’t deny the sacrifice itself, she expresses understanding that being forced to wear a facemask, something Republicans and libertarians see as an authoritarian dictate, is a burden, is a sacrifice, but sometimes that burden must be borne. She calls “proponents of stricter anti-Covid measures,” “a group I’m generally a member of,” and says:
The impulse to downplay inconvenient outcomes of one’s own position has been in full force throughout Covid, and with the school reopening + Delta, it’s gotten even more extreme. I keep hearing, for example, that wearing a mask is no big deal and anyone who complains about masking is probably a Covid denialist reactionary. This is pretty weird, because it seems to me to be obviously, demonstrably true that wearing a mask is an inconvenience and a personal and cultural sacrifice — it means you can’t fully read other peoples’ facial expressions, it impedes basic human interactions, it makes you break out, it irritates your face, it fogs up your glasses, and I find that when I wear one I start to feel a little disoriented after a while, especially inside under bright lights. Wearing a mask sucks! But it sucks far less than giving someone else Covid, or getting Covid yourself. And so of course, in scenarios where people are not all fully vaccinated and infection rates are high, we should continue wear masks inside. I wear masks inside and I think indoor mask-wearing for essential activities should be mandatory (I also think vaccines should be mandatory for inessential activities, like dining out).
She is, by her own words, willing to force people to bear the burden of mandatory vaccinations and mandatory masking. She recognizes the burdens being put on people, but believes that not getting vaccinated and not wearing a mask is a greater danger than being burdened by doing so, even against your will.
So, apply that logic to abortion. A woman gets pregnant, and does not want to be, does not want a child. That is a burden to her, no doubt about it. Her solution: abortion.
But abortion is a burden as well. While it’s a financial burden, though not a great one, on the woman, it also places the burden of ‘relieving’ her burden onto the unborn child. His burden? A death sentence!
So, which is the greater burden: nine months of an unwanted pregnancy, or death for the child? Because, whether Mrs McCormick will admit it or otherwise, that is the exact comparison.
We have placed even greater burdens on people in the past; the United States has had a conscription system under which, though no one has actually been drafted since the 1970s, millions of men have been drafted in the past, and hundreds of thousands of them paid the ultimate price, in World War I, in World War II, in Korea and in Vietnam.
We do not know how many children will be saved by the Texas law, though surely some will. Some pregnant women will travel to New Mexico or Oklahoma or Louisiana to be ‘relieved’ of their burdens, though hopefully fewer than would otherwise have had abortions in Texas clinics.
How will the Supreme Court rule on the Mississippi case? It is absolutely certain that the three justices appointed by Bill Clinton and Barack Obama will vote to overturn it. The left are deathly afraid that Justices Thomas, Alito, Gorsuch, Kavanaugh and Barrett will uphold the law, at least in some form. The Chief Justice? If he is going to be in the minority with the three liberal justices, he might just vote with the majority, so that he can assign the opinion, rather than Justice Thomas, assigning it to the Justice he believes will write the most restrictive opinion . . . probably himself. But predicting Supreme Court decisions has rarely been a money-winning game.
