The Department of Justice and the Supreme Court

The Levites have spoken and made their decision known. Of the three branches of the US government, the executive, the legislative and the judiciary, the Supreme Court has the final say on the constitutionality of the actions of both the legislative and executive branches. On June 24, 2022 a majority of the court decided in two separate cases that the court itself had no right under the constitution to compel the separate states to address the legality of abortion in any direction. This reverses a decision that was made in 1973 that stated that a right of privacy existed that allowed the practice. Even at that time there was much controversy over that decision.

In an official statement of the Justice Department's most senior official, Merrick Garland, the Attorney General, said:

  “The Justice Department strongly disagrees with the Court’s decision. This decision deals a devastating blow to reproductive freedom in the United States. It will have an immediate and irreversible impact on the lives of people across the country. And it will be greatly disproportionate in its effect – with the greatest burdens felt by people of color and those of limited financial means."

Well, yes, people of color and those of limited financial means always suffer the greatest burdens. Isn't it, however, the duty of the Department of Justice, and its administration, to follow to the letter the constitutionality of laws as determined by the Supreme Court? In fact, don't they actually swear to do so? When Garland says the Department itself strongly disagrees with the Court's decision he is moving past his own viewpoint and establishing one that applies to every DoJ employee. Official DoJ activity meant to defy the Court could be considered a federal crime or even treason. 

There is a simple process to remedy this issue. The Constitution can be amended, as it has been in the past. We haven't heard much said about that.

Even more strange is that one very important word in this controversy has yet to appear in the media: contraception, or two words, birth control.

 The techniques of contraception, some effective, others less so, have been known and used for centuries and are today. Ultimately the female is responsible for her pregnancy even though a partner is required. It would be easy to assert that abortion is the most simple solution to irresponsible sexual behavior, if there is now such a thing. But neither a constitutional amendment or contraception have been discussed. Why?