Judicial Crisis Network President: The Constitution dictates abortion should be left to states

Constitution dictates abortion should be left to states: Carrie Severino

Judicial Crisis Network president discusses SCOTUS hearing oral arguments in Texas abortion case on ‘Sunday Night in America’

“Sunday Night in America” host Trey Gowdy invited Judicial Crisis Network President Carrie Severino on his show to help explain the recent oral arguments at the Supreme Court. 

Severino and Gowdy acknowledged that the oral arguments are not nearly as flashy as decisions, but they remain a vital portion of the law process. 

“People are talking about this case as if it’s going right to the heart of Roe v. Wade. We actually have a case on the docket that’s going to do that, but that’s not argued until December. This case was really about some procedural issues that are very unique to the way that the Texas law is structured,” Severino explained.

HOUSTON, TEXAS – OCTOBER 27: Texas Governor Greg Abbott speaks during the Houston Region Business Coalition’s monthly meeting on October 27, 2021 in Houston, Texas. Abbott spoke on Texas’ economic achievements and gave an update on the state’s business environment. (Photo by Brandon Bell/Getty Images) ____ WASHINGTON, DC – JANUARY 20: (L-R) Supreme Court Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan arrive on the West Front of the U.S. Capitol on January 20, 2017 in Washington, DC. In today’s inauguration ceremony Donald J. Trump becomes the 45th president of the United States. (Photo by Drew Angerer/Getty Images) _____ WASHINGTON, DC – NOVEMBER 01: Pro-choice and anti-abortion demonstrators rally outside the U.S. Supreme Court on November 01, 2021 in Washington, DC. On Monday, the Supreme Court is hearing arguments in a challenge to the controversial Texas abortion law which bans abortions after 6 weeks. (Photo by Drew Angerer/Getty Images
(Photo by Brandon Bell/Getty Images  |  Photo by Drew Angerer/Getty Images  |  Photo by Drew Angerer/Getty Images)

The Texas abortion law has reignited the debate surrounding abortion as the case in regards to the law awaits hearings before the Supreme Court. Severino explained the hearings would not affect Roe V. Wade currently and that the important thing is that the justices remain unaffected by political issues.

“What concerns me about the case is trying to make sure that, as you said, the Court is not getting distracted by their interest in the policy issues. Obviously, judges shouldn’t be looking at the policy issues ever, but that all of the discussion of this abortion issue doesn’t distract them from just applying the regular standards that apply to every case that comes before the Supreme Court in the question of who can bring the lawsuit and who do they have to sue,” Severino said. “Because that was really the question this case. It’s not as exciting as is Roe V. Wade valid law, but the Court needs to not be bullied because there’s a lot of people saying you can’t let these cases die.” 

Members of the Supreme Court pose for a group photo at the Supreme Court in Washington, Friday, April 23, 2021. Seated from left are Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left are Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. (Erin Schaff/The New York Times via AP, Pool)

Severino argued that laws in regards to abortions are best left to the state since the Constitution “doesn’t say anything about it one way or the other.” 

“In the case of abortion, it is a little bit different. The state is not saying we’re going to perform the abortion in this case. They’re simply saying can this law stand. And, as Justice Scalia himself said, a lot it is not about whether I believe in abortion or not. It’s about if the Constitution talks about abortion. And in this case, the Constitution doesn’t say anything about it one way or the other which means it’s left to the states,” she said. 

She concluded “If they don’t weigh in on that core question, we’re going to keep on having cases. Whether it’s from Texas, from Arkansas, from Kentucky, we have all these cases in line testing other aspects of it. So there’s no way for them to get away from dealing with the real underlying question which is not what do you think about abortion. That’s something for the legislature. It’s is abortion really in the text of the Constitution itself. And if not, then why are we as judges making these calls and why don’t we leave it to the Americans’ representatives.”

A police officer patrols in front of of the U.S. Supreme Court in Washington, D.C., on Tuesday, Oct. 12, 2021. Photographer: Emily Elconin/Bloomberg via Getty Images
(Emily Elconin/Bloomberg via Getty Images)

The Supreme Court is scheduled to hear a case regarding an abortion law in Mississippi which bans abortion after 15 weeks of pregnancy.

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