While it could be months until the court announces a decision in Dobbs v. Jackson Women’s Health – which could potentially overturn Roe v. Wade – the New York congresswoman questioned the court’s legitimacy due to the fact that a third of the justices were appointed by former President Trump.
“Out of 9 justices, 3 were appointed by a man who tried to overthrow the US government (& elected via minority). Those 3 will decide whether the US will legalize forcing people to give birth against their will,” Ocasio-Cortez tweeted Wednesday evening. “Legitimacy requires consent of the governed. They are dismantling it.”
Ocasio-Cortez implied that the legal authority of Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett is somehow questionable because Trump did not win the popular vote in the 2016 election and because supporters of his stormed the Capitol on Jan. 6.
Her claim that the court is deciding whether to legalize forcing people to give birth against their will is a twisting of the issue of the case, which is whether a state can ban abortion prior to fetal viability, a standard supported by Roe v. Wade and 1992’s Planned Parenthood v. Casey. The Supreme Court is not in a position to ban abortion in the U.S.
Ocasio-Cortez is far from the first Democrat to go after the Supreme Court. On Monday, Sen. Jeanne Shaheen, D-N.H., claimed that a “revolution” would ensue if the high court overturns Roe v. Wade.
“I hope the Supreme Court is listening to the people of the United States because – to go back to Adam Sexton’s question – I think if you want to see a revolution go ahead, outlaw Roe v. Wade and see what the response is of the public, particularly young people,” Shaheen said. “Because I think that will not be acceptable to young women or young men.”
In June 2020, Senate Majority Leader Chuck Schumer, D-N.Y., was rebuked by Chief Justice John Roberts over remarks he made as the court heard arguments in a different case dealing with abortion restrictions.
“I want to tell you, Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind and you will pay the price!” Schumer yelled at an abortion rights rally. “You won’t know what hit you if you go forward with these awful decisions.”
In a statement issued later that same day, Roberts warned that “threatening statements of this sort from the highest levels of government are not only inappropriate, they are dangerous.”