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Over the last few weeks, we’ve seen a spate of media stories and dumped opposition against conservative justices on the Supreme Court, intended to paint a picture of vaguely illicit and unethical behavior while proving no illegality. ProPublica has released a number of articles regarding Clarence Thomas’s relationship with billionaire megadonor Harlan Crow. Politico trumpeted Neil Gorsuch’s sale of a Colorado property to the head of a top law firm whose lawyers regularly argue in front of the court.
The purpose of these stories is not to start a conversation among Democrats in Congress about ethical reform on the Court. Nor is it simply about “court packing” (expanding the Supreme Court to a thirteen-justice progressive majority).
No, the Democrats and their allies in the media are still not over Hillary Clinton’s failed coronation in 2016 and the resulting legal majority that now sits on the Supreme Court after President Trump appointed three justices. So they’ve turned to aggressive tactics: a full-frontal assault to delegitimize the Court and the six justices that form its majority.
This wave of bad press is leading to calls for investigations, impeachments and, in one case, a subpoena from sitting Democrats. But Clarence Thomas, the target of most of these media broadsides, is not going to resign under President Biden. Nor is Thomas going to be impeached or indicted.
The political left suffered a generational blow when Roe v. Wade was struck down with the Dobbs v. Jackson Health Organization decision. Since then the judicial system has been flooded with lawsuits from both pro-life organizations and pro-abortion groups. Redder states are passing strict abortion laws, most of which will be challenged and kicked up through the courts.
Last month, a Texas judge suspended the Food and Drug Administration’s approval of the drug mifepristone, an abortifacient. In the wake of that decision, Congresswoman Alexandria Ocasio-Cortez called on the Biden administration to simply ignore the court’s ruling. This sentiment has been echoed in several corners of the media — exercise extraordinary and illegal power to ignore higher court rulings.
Today, it’s about abortion. Tomorrow, who knows? But if an activist media can declare the Supreme Court illegitimate, just as they have done with past presidents, then they’ve thrown their weight behind the idea that the Court’s rulings are also illegitimate — and illegitimate rulings have no legal standing and are not to be followed.
So what then? The judiciary has no enforcement arm — this is what the activists are realizing, and on the verge of celebrating.
All this is part of a purposeful strategy being executed on behalf of the political left’s dark money groups, filtered through a friendly media lens and then regurgitated by Democratic politicians.
This dilemma now stares constitutionalists square in the face. Soon it will play out at the state and local levels too. Democratic governors and mayors will call press conferences and declare they will not abide a legal decision passed down from the Supreme Court, which they believe to be politicized and illegitimate. Which only raises the question: what kind of country lacks a functioning high court?
