It was a conservative Supreme Court in Roe vs. Wade in 1973 by a majority vote of 7-2 that legalized abortion in America. Six of the nine judges were appointed by republican President's Richard Nixon and Dwight Eisenhower. Three were appointed by democratic President's Lyndon Johnson and John F. Kennedy and Franklin Roosevelt. Five of the seven judges that voted in favor were appointed by Nixon and Eisenhower. Of the two that voted against, one was appointed by Kennedy and one was appointed by Nixon. So why is it that the democratic party has been made the scape goat of being pro abortion when two republican Presidents made their choices and appointed conservative judges in a great majority.
The answer can be found in the era of "then" and the era of "now" and how the republican party and so called conservatism has changed since the "new" Newt Gingrich era started in the early 1990's. Prior to that time, the "then" era of republican conservatism, Supreme Court judges were not appointed to make political decisions. But because of the constitution, the laws and the facts of the case they were expected to make the proper decisions. It was obvious from the very beginning that the Roe vs. Wade decision was based on the facts presented, the law and not by a political consideration.
The Newt Gingrich era changed all that because Newt hated the fact that the democratic party controlled the U.S. House for such a long period of time. So he set out to discredit the democratic party with lies, personal attacks, blame, division and used wedge issues like abortion and religion in his desire to divide the country. His party followed in his foot steps and vowed to support and appoint conservatives to the federal bench who would support Newt and the republicans extreme political ideology in their court decisions instead of following the law.
They blamed the democratic party as being pro abortion because the democratic party had a higher standing of supporting judges and especially those to the U.S. Supreme Court. The republican ideology became so bad Mitch McConnell refused to give President Obama's nomination to the Supreme Court a hearing. And of course president Trump has taken it to a new high and has appointed two new Supreme Court judges who he expects to make political decisions that favor the republican extreme ideology. Trump also likes to attack judges that rule according to the law and the facts.
The democratic party has the high ground on the abortion issue while the republicans position is that of a coward and the reasons were given in a previous commentary in PolitiDose. Democrats understand the slippery slope that takes place when judges make decisions based on politics and ideology. The "now" era of republican conservatism hates the "then" era of republican conservatism and it is being played out on a daily basis.
Roe vs. Wade was decided over 40 years ago. It is time the people move on and reject the issue as a political football to divide the country. The cowards could learn a thing or two from the "then" era of republican conservatism. One should also note that the cowards never mention it was a republican appointed conservative Supreme Court majority that decided Roe vs. Wade and made abortion legal in the United States. And that really says it all.
Note: The following Supreme Court Judges voted in the decision and were appointed by the following Presidents.
Voting Yes were Judges Harry Blackmun, appointed by Nixon; William Douglas appointed by Franklin Roosevelt; Warren Burger appointed by Nixon; William Brennan appointed by Eisenhower; Potter Stewart appointed by Eisenhower; Thurgood Marshall appointed by Lyndon Johnson; Lewis Powell appointed by Nixon.
Voting No were Judges Byron White appointed by John Kennedy and William Rehnquist appointed by Nixon.
This commentary written by Joe Lorio
