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When the Left Talks about Packing the Courts, It Wants Political Judges like in Kansas

May 2, 2019 in Economics

By Doug Bandow

Doug Bandow

Kansas adopted its constitution in 1859. Abortion was largely
illegal then, as it was in most of the country.

Who counted as a person mattered then. The state was born in
violence, as pro-slavery forces unsuccessfully attempted to impose
their constitution on the territory’s free settler majority.

This blatant disregard for democratic consent, opposed by
Illinois Sen. Stephen A. Douglas, effectively sundered the
Democratic Party, guaranteeing Abraham Lincoln’s victory in the
1860 presidential election. Kansas became a battleground: in August
1863, William Quantrill led mix of guerrillas and ruffians to the
town of Lawrence, where they committed one of the Civil War’s worst
atrocities.

In America’s heartland,
left-liberals have triumphed, giving a preview of what the
court-packing they desire by the next Democratic president would
mean.

Those opposed to democracy, law, and life have reappeared in
Kansas. But they are not insurgents. Instead, they are serving on
the state supreme court. Last week in Hodes & Nauser v.
Schmidt,
six members of the Kansas Supreme Court discovered
what had been missed for 160 years: the good citizens approved a
constitution which legalized a practice that they simultaneously
banned. Such is the amazing versatility of liberal jurisprudence,
freeing citizens from the straightjacket of a constitution
interpreted to actually mean something, something that reflects the
will of those who drafted and approved it and does not change to
match the latest legal fashions current in the halls of
academia.

Of course, Roe v. Wade had already done this to the
federal Constitution, conjuring out of permutations and emanations
a “right” unknown when the document was promulgated and
amended, most importantly, with the 14th Amendment. However, as two
Trump nominees have joined the high court panic has set in in some
progressive precincts. The widely shared nightmare is that a
Supreme Court majority might rediscover serious jurisprudence and
overturn Roe.

In fact, a Roberts-led majority seems more likely to further
erode than completely eliminate the landmark ruling. In any case,
not a lot would change in practice, since full reversal would
merely free states to make their own laws. And many would do
nothing, leaving abortion legal. Most people would live at most a
state away from access to abortion. Everyone would be within a
couple hour plane ride of an abortion clinic, with activists busily
fund-raising to ensure that no unwanted baby survived.

However, progressives used to relying on federal judges are now
shifting to the state level. In states dominated by the Left, such
as New York, legislators approved expansive abortion legislation.
In states less inclined to ignore the lives at stake, liberal
activists are enlisting state judges as their champions. As in
Kansas.

In Hodes …read more

Source: OP-EDS

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