Kate Riga at TPM has a piece up that addresses anti-choice people’s puzzlement at the wingnut SCOTUS supermajority’s failure so far to mount a full-scale attack on reproductive rights. They’re particular confused and disconcerted by Bony Carrot’s failure to strike down Rowe vs. Wade:
When Justice Amy Coney Barrett was confirmed to the Supreme Court in October 2020, the anti-abortion community celebrated the beginning of a new era. The Court would now be heavily skewed to the right, and its newest member had been open about her own beliefs.
“It’s go time! Get ready for a post Roe v Wade America! #ProLifeGen Assemble! This is what we were made for and have been preparing for,” tweeted the president of the anti-abortion group Students for Life.
That was six months ago. The hammer still hasn’t dropped.
Riga notes that the lack of action so far doesn’t necessarily mean a damn thing; the Court could take up the listed case on Mississippi’s ban on abortions after 15 weeks “this week.”
But there’s all kinds of speculation swirling about the delay. Folks interviewed for Riga’s piece gave possible reasons, including that the Court is planning to deny review of the Mississippi petition and is delaying that announcement until a dissent is prepared, to the possibility that Justice Breyer plans to retire at the end of the term (and a subsequent confirmation circus), to the Court wanting to kick the can down the road until the end of the term, to the Court being generally reluctant to fuck with the status quo right now.
My cynical side wonders if the Republican Justices (because that is what they are) are leery of giving Democrats any ammunition for the midterms, trusting that their voters will swallow their disappointment and turn out in greater numbers than ours will. That’s usually a safe bet, but who knows?
Senator Markey and Congressman Nadler introduced a bill to raise the number of justices from 9 to 13, which would be great, but it has no chance in hell of passing the in the current U.S. Congress. Maybe their gambit is about 2022 congressional races too. Again, who knows?