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Speaker of the House Nancy Pelosi (D-Calif.) slammed the Supreme Court for overruling Roe v. Wade, which send the abortion issue back to the states, in a letter to her Democratic colleagues on Monday.

“While this extremist Supreme Court works to punish and control the American people, Democrats must continue our fight to expand freedom in America,” she writes.

In the letter, she says that House Democrats are working on legislation to secure data in women’s reproductive health apps, insinuating that “this information could be used against women by a sinister prosecutor in a state that criminalizes abortion.” In addition, Pelosi suggests that legislation would also assert the fact that “Americans have the Constitutional right to travel freely” throughout the country, and “enshrine Roe v. Wade into the law of the land” through the Women’s Health Protection Act (WHPA).

The speaker also uses scare tactics by mentioning Justice Clarence Thomas’s legal theories on “contraception and in-vitro fertilization to marriage equality,” despite not acknowledging that the court would not actually take action on any of these issues.

For starters, it’s unlikely that legislation on abortion would make it to President Joe Biden’s desk, especially because the Senate filibuster is not going anywhere. The WHPA failed in the Senate back in May, as it did not hit the 60 votes necessary to codify nationwide access to abortion, NPR reported.

Pelosi’s letter comes across as a denial of reality for political purposes, with the objective being to give her party’s base false hope. She is probably well aware that an effort to codify the principles in Roe and Planned Parenthood v. Casey would fail because it already did prior to the overruling. Democrats are late to the game, and they are not acting as if they did not have power in Washington to codify abortion access between 1973 and now. Newsweek pointed out that former President Barack Obama received sharp criticism after the Supreme Court’s overruling, as progressives said he and fellow Democrats missed their chance on abortion.

Instead of accepting the outcome of the Dobbs case, Pelosi’s decision to resort to using hyperpartisan language will only amplify the division within the United States. She is doing a disservice to members of her party–and Americans as a whole–if she does not recognize that this is now a state-level problem. It is an insult to the concept of separation of powers by trying to cast doubt on the legitimacy of the court by calling them “extremists” and trying to work around them after the fact.

Americans need more trust in their institutions, not less, except Pelosi would rather resort to name-calling than acknowledge the importance of the Tenth Amendment.

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