Delivering a pointed message to the Supreme Court leaker and Democrats seeking to weaponize abortion for 2022 midterms, Sen. Lindsey Graham, R-S.C., told Newsmax said "it's going to backfire."
"So to the person [who leaked], if it's a liberal, it's going to backfire," Graham told Tuesday's "Rob Schmitt Tonight." "The judges are going to hold tight. This is going to blow up in your face. The midterms will not be decided on Roe v. Wade. They're going to be decided on your personal safety, inflation, the issues that people care about the most."
Roe v. Wade is a "constitutional overstep" by a past Supreme Court that should have been corrected decades almost a half-century ago, Graham told host Rob Schmitt.
"The Supreme Court created a legal fiction called substantive due process to create a constitutional right that's not in the constitution, to deny every state elected official the ability to comment on life, when it begins, and how you can terminate it," Graham said. "And if the court sets aside Roe v. Wade, it will return America to the position it was in 1973.
"For elected officials in each of the 50 states, [they] can decide the issues regarding life. Roe v. Wade was a constitutional overstep. I hope the court will roll it back."
Democrats are spinning this leak into an alleged attempt to abolish abortion in order to aid their failing Congress and to distract from their impending midterm troubles, Graham continued.
"In a democracy, the question for us all: Is it good to add constitutional rights that don't exist in the Constitution because you prefer an outcome?" Graham asked. "I would argue that wanting an outcome is not the justification to change the constitution; it's not the justification to destroy the integrity of the court by leaking a memo. Wanting to get an election outcome is no justification.
"When you get a handful of judges creating a constitutional right that doesn't exist, that's dangerous for us all. If you like the outcome today, you may not like it tomorrow."
The Supreme Court needs to interpret the law, as the Constitution enshrines and stop the law it had created outside the authority that lies with Congress, Graham added.
"So what I would say is that we're all better off when judges stay in their lane," he said. "The best way to determine when life begins and what abortion rights exist is for people in politics like me to make that decision, and if you don't like the decision, you can kick me out.
"When you have a handful of judges taking that away from elected officials and manufacturing a constitutional right that doesn't exist, that's pretty dangerous."
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Eric Mack ✉
Eric Mack has been a writer and editor at Newsmax since 2016. He is a 1998 Syracuse University journalism graduate and a New York Press Association award-winning writer.
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