To the Editor:
Right now, the right to abortion care is at risk because of a deliberate, decades-long takeover of the Supreme Court by powerful right-wing extremists. We’re seeing the culmination of this takeover as the Court just overturned Roe v. Wade, the landmark ruling that made abortion access a constitutional right. This opens the door for states to outlaw abortion and take us back to a time when pregnant people were forced to go through with unwanted or high-risk pregnancies, potentially endangering their health and hurting their ability to provide for their families. This decision also raises serious concerns about the viability of other privacy-based constitutional rights, such as the right to contraception, the right to same-sex marriage, and the right to engage in private, consensual sex acts. Indeed, Justice Thomas’s concurring opinion in Dobbs urges the Court to “reconsider all of this Court’s substantive due process decisions,” reasoning that “any substantive due process decision is ‘demonstrably erroneous.'” This would represent a cataclysmic shift in Constitutional law.
But it’s possible to undo this damage, and avert further damage. The Judiciary Act of 2021 would add 4 seats, restoring balance to the Supreme Court. As it stands, no less than 5 of the Court’s 9 justices were appointed by presidents who lost the popular vote.
This is the solution that recent polling showed is supported by the majority of Americans. And it’s been done before. In fact, Congress has changed the size of the Supreme Court 7 times already in our nation’s history. It’s time to do it again.
I urge Congress to pass the Judiciary Act of 2021 to ensure we protect our fundamental freedoms and restore balance to the Court.