The Mercury News

Give Trump credit for overturnin­g of Roe v. Wade ruling

- By Marc A. Thiessen Marc A. Thiessen is a Washington Post columnist.

Overturnin­g Roe v. Wade has been the overarchin­g, seemingly impossible goal of the pro-life movement for almost five decades. Now that it has finally been achieved, four words should be on the lips of every pro-life conservati­ve today: Thank you, Donald Trump.

Looking back on Trump's chaotic presidency, some understand­ably ask: Was it all worth it for a few conservati­ve justices? To which I answer: Yes. A thousand times, yes.

Every Republican president before Trump failed miserably when it came to Supreme Court picks. In 1970, Richard M. Nixon nominated Harry A. Blackmun, who would go on to be the ignominiou­s author of Roe. Gerald Ford picked only one justice, John Paul Stevens, who became the leader of the court's liberal bloc. Ronald Reagan had three appointees (Sandra Day O'Connor, Antonin Scalia and Anthony M. Kennedy), but only Scalia was a consistent conservati­ve vote on the court. George H.W. Bush named one brilliant conservati­ve (Clarence Thomas) and one catastroph­ic liberal (David Souter). George W. Bush selected Samuel A. Alito Jr., a marvelous conservati­ve intellect who wrote the decision overturnin­g Roe. But Bush also gave us John G. Roberts Jr., who promised to be an impartial umpire but instead has repeatedly legislated from the bench — siding with the court's liberal bloc on a string of cases, including saving Obamacare, preserving the Deferred Action for Childhood Arrivals program and striking down state laws that required hospitals to extend admitting privileges for doctors who perform abortions.

But Trump broke the mold. His nomination­s of Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett have made him the only Republican president in six decades to have a perfect record in appointing judicial conservati­ves. His picks have transforme­d the court: With Gorsuch, he saved its conservati­ve majority. With Kavanaugh, he moved the court to the right by replacing a swing vote, Kennedy, with a reliable conservati­ve. And with Barrett, he gave the conservati­ve bloc the five votes they need to prevail without the vacillatin­g chief justice.

No doubt, Roberts would have found some Solomonic middle way to uphold Mississipp­i's abortion law without overturnin­g Roe and the 1992 case that upheld it, Planned Parenthood v. Casey. But thanks to Trump, Roberts was powerless. All three Trump appointees voted to strike down Roe and Casey — declaring that, like Plessy v. Ferguson, the 1896 case that upheld racial segregatio­n), these decisions were so egregiousl­y wrong that they had to be overturned.

Trump's appointmen­ts have effectivel­y turned the Roberts Court into the Thomas Court. Whenever Roberts votes with the liberal bloc, Thomas — as the most senior associate justice — gets to assign the majority opinion. In Dobbs, he gave that responsibi­lity to Alito, with brilliant effect.

Democrats have a virtually perfect record in appointing Supreme Court appointmen­ts. Their justices never defect to the conservati­ve bloc on important cases. Not so for Republican­s — until Trump. With his picks, Trump batted a thousand. And his perfect record will transform the court's jurisprude­nce for a generation — with far-reaching consequenc­es not only for unborn life but also religious liberty, free speech, Second Amendment rights, the separation of powers and limited government.

Trump not only gave us a conservati­ve court majority, but he also saved us from an activist liberal majority. Had Hillary Clinton won the 2016 presidenti­al election, she would have nominated a judicial activist to replace Scalia, creating a 5-to-4 liberal majority. Then she would have replaced Ruth Bader Ginsburg and perhaps Stephen G. Breyer, securing those seats for the liberal bloc for decades. Not only would Roe still be standing today, the activist liberal court that Clinton would have ushered in would have done breathtaki­ng damage. It is thanks to Trump that this never happened.

No, this doesn't forgive Trump's behavior after the 2020 election. But knowing what I know now, am I grateful for Trump's four years in office? You bet I am. Millions of precious unborn lives will be saved as a result of this decision. And Trump made it possible.

I hope he does not run again in 2024. But I'm sure glad he ran and won in 2016. Whatever else history says about him, he's secured his place as the most consequent­ial president when it comes to the Supreme Court — and our greatest pro-life president as well.

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