It is growing every more apparent that given what Trump has said about who he wants to put on the Supreme Court, that the extremely young Judge Amy Barrett is probably who he’s going to nominate. Now, let me be clear — I have no inside information and am no expert on her, but this is just me idly mulling the situation.
Apparently she has made it clear that in the instance of Roe, the court would have a moral obligation to overturn it, despite it’s place in established Constitutional Law. So everyone who keeps telling me there’s no way Roe could possibly be overturned are being extremely niece.
Overturning Roe has been the entire point of Republicans picking judges for the last 30 years. So it’s not like the judges they have been cramming onto the court are going to choke given the opportunity. And in real terms, there’s nothing to stop Judge Barrett from getting on the court should Trump pick her.
When she’s on the court, the real issue will be no so much if Roe will be overturned, but to what extent our basic assumptions about reproductive rights in the United States will be challenged. I have long believed that Roe serves as a firebreak to prevent the Religious Right from coming after birth control in general. Their ultimate goal is to drive a stake in anything that makes recreational sex possible in the first place.
The only thing to stand between A Handmaid’s Tale becoming all but a documentary is the enormous moral outrage on the part of American women who have long assumed Roe was there as a failsafe in the case of a worse case scenario. It’s possible, but not likely, that women of all stripes would join together in a post-Roe world to protect reproductive rights as best than can.
It could be a pretty enormous historic event if it was the overturn of Roe that was the tipping point that finally caused the average person to believe Trump had overstepped his bounds. Many women are already furious with Trump on a very personal level and this would simply throw gasoline on the flames of that rage.
But Trump hasn’t picked Judge Barrett yet. He has a list of about 15 to choose from as I understand it. But given her age and gender — and obvious inclination to overturn Roe given the opportunity — it definitely seems as though Barrett is high on the list of people Trump will pick.
Only time will tell, I guess.