US Abortion Rights Ruling a Conservative Victory

The U.S. Supreme Court decision that overturned the precedent-setting case of Roe v. Wade, which protected a woman’s right to abortion, is a victory for the American conservative movement. In addition, recent Supreme Court decisions that now permit people to carry a handgun in public places, exempt police officers who do not inform suspects of their right to an attorney from prosecution and allow public school football coaches to pray in public after a game, are destroying the gains made by progressives. These opinions are largely at odds with how the public feels in the United States. Some predict that the Supreme Court will further eliminate other existing rights and freedoms with respect to voting rights and same-sex marriage. America as the epitome of freedom and progress is becoming a thing of the past.

The first key to the American conservative victory was solidarity. Shocked by the 1973 Roe v. Wade decision, the social conservative camp actively promoted solidarity with economic conservatives. The two elite groups formed broad coalitions and produced conservative ideologies along with great wealth and the activists and politicians who supported them.

The second key to the conservatives’ win is persistence. They targeted those within and without the Supreme Court. The conservatives tried to change the judiciary by nurturing promising conservative-leaning lawyers. In the United States, conservatives turn to the Federalist Society when the time comes to fill Supreme Court vacancies. The Federalist Society, founded in 1982, is known as the core of judicial conservative reform. Most of the current conservative-leaning Supreme Court justices are members of or affiliated with the organization. Outside the court, conservatives took one step closer to eliminating precedent as they steadily filed litigation challenging laws and institutions that run counter to their ideology.

The last key to the conservative win is shamelessness. President Barack Obama nominated Merrick Garland to the Supreme Court in March 2016, a month after the death of conservative Supreme Court Justice Antonin Scalia. The opposition Republican Party thwarted Garland’s appointment, insisting that the next president, to be elected in November of that year, should be the one to appoint a successor. Republicans argued that the voice of the people should be reflected in the composition of the Supreme Court. The same thing happened in 2020, the last year of Donald Trump’s presidency. In September of that year, progressive Justice Ruth Bader Ginsburg died. Democrats opposed the appointment of a Supreme Court justice, citing the Republican argument. However, Republican Minority Leader Mitch McConnell pushed to confirm Supreme Court Justice Amy Coney Barrett, a Trump nominee, even as his own words from four years ago were being recalled. This time, the conservative camp argued that swiftly filling the vacancies on the Supreme Court was the president’s right and duty. It was a turning point in reshaping the Supreme Court into an “absolute conservative superiority” structure of six conservative and three liberal justices.

President Joe Biden and the Democratic Party are using the Supreme Court’s decision overturning Roe v. Wade as a crutch in their effort to mobilize supporters for the November midterm elections. But even if the Democrats prevail in the midterms, they will have no immediate way to impact the Supreme Court. Since Supreme Court justices are confirmed for life, it may be at least 10 years before one of the six conservative justices steps down. In response, the progressive camp is calling to abolish the life-term system for Supreme Court justices or increase the number of justices on the bench. It is unlikely the Republicans would ever support either of these initiatives. In such a situation, can the American progressive camp learn the secret of how to win from the conservatives and use solidarity, persistence and shamelessness to seek a turnaround? It is a question that will affect the course of life of not only Americans, but also people around the world.