Joe Biden and the Democrats have been itching for a fight at the United States Supreme Court.
They finally got their wish.
And Joe Biden made one demand of Clarence Thomas that will end badly for Democrats.
On December 1, the Supreme Court will hear oral arguments in the case of Dobbs v. Jackson, which pertains to a Mississippi law banning virtually all abortions after 15 weeks.
Dobbs is the most direct challenge to Roe v. Wade – and its superseding precedent Planned Parenthood v. Casey – in a generation.
Democrats panicked that after Amy Coney Barrett replaced Ruth Bader Ginsburg the court has at least five votes to overturn or seriously curtail the left’s prized goal of abortion on demand in America.
The Supreme Court hearing oral arguments on this in December means the justices will likely hand down their ruling in late June 2022, which will be just months before the midterm elections.
That means this case has just as much of a political dimension as a legal one.
Democrats depend on an increasingly strident pro-abortion base and so the Biden administration submitted a request to Clarence Thomas and the other eight justices to allow the administration to present oral arguments in this case.
The Department of Justice sought permission Monday to present oral arguments when the Supreme Court hears a case challenging Mississippi’s strict abortion law, as it called on justices to uphold Roe v. Wade.
The two briefs, filed by acting Solicitor General Brian Fletcher, mark the latest attempt by President Biden’s DOJ to “protect the legal right to an abortion,” per the New York Times, which first reported on the court filings.
The Supreme Court will on Dec. 1 hear a challenge to the Mississippi law that bans nearly all abortions after the 15th week of pregnancy.
In its filing, the Justice Department notes that appeals courts had previously backed Jackson Women’s Health, agreeing that Mississippi had been “unable to identify any medical research or data that shows a fetus has reached the ‘point of viability’ at 15 weeks.’”
The Biden administration has no legal stake in this case since the matter involves a state law.
But Joe Biden and his allies want their partisans to see the administration fighting tooth-and-nail to keep the horror of abortion in place.
Even losing could benefit the Biden administration if its base sees the administration argue their case at the Supreme Court and later falsely claim the conservative justices had it out for them from the get-go if the court undoes the wrong that was Roe v. Wade.
However, the administration also risks owning any defeat.
And pro-life Americans could develop greater enthusiasm to turnout if they think they can send elected officials to Congress, the Senate and statehouses that will pass legislation to protect the unborn.
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