Senator Josh Hawley of Missouri claims that Roe v. Wade is the biggest injustice of our lifetime and that the United States Supreme Court has the opportunity to remedy it. Hawley was questioned about the Supreme Court apparently voting to overturn the famous Roe v. Wade ruling during a Fox News interview. On Monday night, a draft majority decision prepared by Justice Samuel Alito was leaked to Politico, sparking a social media uproar. The Supreme Court, according to Hawley, has a historic opportunity to “do the right thing.”
Below is a transcript of the exchange:
Carlson: “Senator Josh Hawley understands exactly what’s going on here. He clerked on the Supreme Court for John Roberts and we’re happy to have him join us. Senator, thanks so much for coming on. So you have a sitting member of Congress threatening court justices with a mob if they don’t do what she wants. That seems very dangerous to me.”
Hawley: “You know, what it is, Tucker, is abortion is religion for the far left. They’re willing to do anything to defend that religion and to force it on everybody else. That’s why they’re willing to burn down the court as an institution. You know, they’re only for the institution if it does exactly what they say it should do. And let’s be clear about what Roe really says. What Roe really says is that the people are too stupid to make these decisions for themselves. The people can’t be trusted to actually vote and deliberate and make tough moral choices. It says, ‘Oh, no, no, nine justices wearing robes, they should be the ones making all the decisions.’ That’s not what the constitution says though, Tucker, and that’s why we need to get back to trusting the people and actually enforcing the Constitution.”
Carlson: “Well, exactly. I mean, I have really strong feelings about this. I would be absolutely happy —in fact, I hope that we can put this up for a vote in the United States Congress, in the House, and the Senate, and we can determine what the people want to do about abortion. Why is that a scary option?”
Hawley: “You know, it’s not scary. It’s democracy. And this is about whether or not democracy is going to have its day. You know, supposedly Joe Biden believes in democracy, and yet today you heard him. He was saying that this is too important to be trusted to the whims of the people. Oh, you mean actually the voters, you mean the people who elected you, the sovereigns of this nation? That’s what we’re talking about here. So what the court should do, and what this opinion does do, is that it puts democracy back in the driver’s seat. And I hope the court will stick with it. They can’t turn back now, Tucker, in the face of this pressure.”
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Justice Amy Coney Barrett, who was chosen by President Donald Trump, was expected to give the tie-breaking vote to overturn Roe v Wade earlier this year, according to Hawley. “It would represent the achievement of a milestone goal,” Hawley added. “I have to say, personally, that Roe is one of the key reasons why I went into politics, and I believe that’s true for many, many other people.” One of the main reasons I became interested in law was because of this. And this is the worst injustice we have ever witnessed in our lives.”
“I just have to say that as someone who feels that this is one of the worst Supreme Court decisions ever handed down, I think it would be a major moral milestone and rectify a great injustice,” Hawley said. It’s expected that there were at least 5 votes in favor of overturning Roe v Wade shortly after Alito’s draft majority opinion surfaced, allowing state lawmakers to examine their own abortion regulations. To put it another way, if the Supreme Court rules that Roe v Wade is unconstitutional, each state will be forced to implement abortion regulations, with many likely enacting harsh restrictions.
“The draft opinion is a full-throated, unabashed denunciation of the 1973 judgment guaranteeing federal constitutional protections for abortion rights, as well as a subsequent 1992 case – Planned Parenthood v. Casey – that substantially upheld the right,” Politico said. Alito comments, “Roe was egregiously erroneous from the outset.” “We hold that Roe and Casey must be overturned,” he says in the “Opinion of the Court” statement.
“It is past time to pay attention to the Constitution and restore the subject of abortion to the people’s elected representatives,” Alito concludes. “As a result, we believe that the Constitution does not grant a right to abortion.” In the memo, Alito says, “Roe and Casey must be overturned, and the power to control abortion must be restored to the people and their elected representatives.”