Content warning: this article discusses a lack of abortion rights for women, which some readers might find upsetting.

The nomination of Supreme Court Justice Amy Coney Barret in October 2021 was a controversial one. Not only were precedents set by Republican senators in 2016 for the nomination of Justices broken by the very politicians that suggested them; but the infamous Rose Garden nomination acted as a covid super-spreader event, resulting in many, including the President of the United States, getting COVID-19

The controversial replacement of Ruth Bader Ginsburg following her death saw fierce opposition from Democrats. Not just because of the hypocrisy of rushing Coney Barret’s nomination after Obama’s 2016 nomination was blocked, but because of the fear that her Republican-leaning policies could endanger abortion rights, the Affordable Care Act and the rights of migrants such as Dreamers. 

These issues, particularly those surrounding abortion rights, are in danger now more than ever as there is currently a 6-3 conservative majority on the Supreme Court and many of those Republican-appointed judges are in favour of overturning Roe V Wade.  

These issues, particularly those surrounding abortion rights, are in danger now more than ever

There are growing calls from Democrat politicians and lawmakers for 82-year-old Supreme Court Justice Stephen Breyer to step down. Stepping down now would mean his replacement is made during President Biden’s tenure, meaning there will be a greater chance that a liberal-leaning judge will be chosen. If he delays his stepping down by even a year, the Senate, which is controlled by Democrats for the first time since 2012, could be taken back by the Republicans in the 2022 midterms. While Biden would still be in office and so any replacement would be recommended by him, Republican senator Mitch McConnel has already stated that he and the rest of his party will oppose any Justice proposed by Biden if the Republicans gain a majority. This means we could have another situation like 2016 on our hands when Republican senators blocked Obama’s nomination until after the election in the hope that Trump would win. 

It seems like these calls are falling on deaf ears as Breyer asserts the impartiality of a Supreme Court Justice, questioning what that would say about the highest court in the country if his position in the bench is determined by political factors. 

Who sits on the Supreme Court of the United States is an incredibly significant decision. The 9 seats are for life, they cannot be taken away or voted out in any election cycle and they have the ability to influence American law and politics for a generation.

The fears Democrat politicians have are therefore not unfounded. We have already seen the lengths Mitch McConnel will go to ensure that as many nominations as possible are blocked or made by a Republican President. A Republican-led 6-3 majority could therefore turn into a 7-2 supermajority very quickly. 

The fears Democrat politicians have are therefore not unfounded

I started writing this article before the devastating court ruling in Texas. The ruling bans abortion after 6 short weeks and encourages neighbours, friends, and family to snitch on those seeking and providing abortions. This twisted totalitarian regime in Texas is scary and does not set a good future for the Roe vs Wade decision that was set so many decades ago. 

Before this new Texan law came in, I agreed with Justice Breyer. I wrote that America was so divided and divisive that politics should not enter the courtroom and possibly sway a judge to step down to ensure another appointment. From a legal standpoint, this is probably true. The law should be above politics. 

However, with abortion rights on the line, morally we are way past this. Yes, it may be the tactics of Republicans and not Democrats to be divisive in both the government and the courtroom. It may be politicians like Mitch McConnel and not Nancy Pelosi who do all they can to ensure a particular judge is placed on the Supreme Court. But now, with the right of women to control their bodies hanging in the balance, we are well past playing fair. 

But now, with the right of women to control their bodies hanging in the balance, we are well past playing fair

When the law and politics are already so blurred why cannot a judge adhere to political pressure when so much is at stake? I know Michelle Obama famously stated ‘When they go low we go high’ but I cannot afford to take the high road when my right to choose is on the line. 

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