I am acquainted with several people (and know of many, many more) who were troubled by Donald Trump’s lousy character and shady business dealings yet still voted for him. The basic rationale seems to have been: “Sure, Trump is awful. Clinton’s awful too. The difference is that Trump will appoint Supreme Court justices who appose abortion.” The vote in the 2016 election was close enough to imagine that these people may have tipped the balance.
And now Trump is rewarding such choices. First, he got the rigid right-winger Neil Gorsuch on the Court to replace rigid right-winger Antonin Scalia (some analysts have suggested that Gorsuch is even more extreme than Scalia in his embrace of a corporatist agenda, hard as that may be to imagine). Now, we are likely just days away from Brett Kavanaugh (a long time Republican Party operative) joining four other rigid right-wingers to form what will likely be a long-term Supreme Court majority.
It’s hard to say precisely howthis new unequivocally “anti-abortion” majority will act to undermine abortion rights. They may simply overturn Row vs. Wade and allow whatever states choose to to make abortion in all situations illegal. However, I have read commentators who suggest that, realizing such a direct move would energize the pro-choice forces, the Court may move in a more piecemeal direction. They may make decisions that continue to chip away at abortion rights until, while technically legal, abortions become virtually impossible to obtain in most of the country.
A counter-productive strategy
Ironically, though, I believe that this strategy will backfire on those who, out of genuinely humanitarian motivations, desire a sharp reduction (if not complete elimination) of abortion in this country. Basically, in helping to elect Trump and Republican majorities in both houses of Congress, “pro-lifers” have actually put into power forces that are profoundly anti-life (militarist, anti-environment, ruthlessly pro-corporate, pro-mass incarceration, etc.). The “success” of getting an iron-clad “pro-life” majority in the Supreme Court will not only lead to heightened misery for non-wealthy Americans, but ironically likely will do little, if anything, to eliminate abortion.