Why leaked Supreme Court Incidence casts shadow in US democracy

Questions are being asked about the independence of the US judicial system following the recent leak of a draft of the Supreme Court’s opinion on banning abortion.

The likely decision favouring a ban has drawn fierce protests and outright objections from thousands of people, espcially women, across the country who are demanding that their right to access healthcare not be infringed.

The timing of the leak is also seen as a manipulative move meant to influence mid-term election results.

The latest opinion polls indicate that two-thirds of surveyed Democrats said the ruling would make them more likely to cast ballots, potentially narrowing the enthusiasm gap that exists between Republicans and Democrats.

The Washington Post reported that the Democratic Congressional Campaign Committee believes continued attacks by the Republican Party on women’s rights will help them in 25 competitive races taking place in largely suburban districts that also have a significant minority and college-educated population.

Some Democratic strategists have also pointed to 2018, when Democrats raised fears that Republicans would eliminate coverage for preconditions in health insurance as a way to motivate their voters.

But there have always been more voters motivated by opposition to abortion rights than those who support those rights, and the issue ahead is how much that could change if the court overturns women’s abortion rights which are protected by the US Constitution.

As such, the Joe Biden administration is facing criticism over rising inflation. US citizens are aghast that the price of gas has surged more than US$5 a litre for the first time in history. Food prices are also climbing and there is a shortage of milk powder for infants.

Political pundits are pointing out that a Supreme Court ruling banning abortion could deflect attention from these issues.

The draft, written by justice Samuel Alito on behalf of the majority of the nine-member court, declares a stunning end to the precedent set by a decision in the 1973 case Roe vs Wade, in which the court ruled that abortion rights were protected by the US Constitution.

More and more Americans are now asking why the Supreme Court is ignoring various scientific reports which have clearly indicated that banning abortion will incur great public-health consequences.

It is also a surprise reversal of a global trend as more and more countries have expanded access to abortion in the past 25 years.

It is outrageous that the Supreme Court has virtually decided to ignore the welfare of 167.5 million women who should have a say on the abortion issue.

The conundrum dates back to the controversial nominations of conservative justices Brett Kavanaugh and Amy Coney Barret by the former US president Donald Trump.

He not only replaced liberal justices but also tilted the majority in the Supreme Court to six conservative justices and three liberals.

Trump’s move to place two of his supporters in the Supreme Court has significantly undermined the core rights and legal protection rendered by the Constitution.

The US Supreme Court should work as a bipartisan trust machine and final arbiter of law and Constitution and be immune from any political party’s influence.
Its independence deteriorates significantly as long as the president has the power and discretion to replace any dying or retiring justice.

Justice Kavanaugh has taken extreme decisions which have exposed his ideological biases. He is known to be anti-abortion and has expressed opposition to workers’rights and immigration.

The Supreme Court is considered the final arbiter on constititual issues and a protector of the weak. But if its foundation itself is eroded, there could be heavy consequences for the US.

There will be further erosion of inclusiveness and society will be split on gender, race and religious lines.

It should come across as independent of any party interest.