News and Analysis

‘I See Fascism Down The Line’: Joy Behar Bizarrely Claims If Roe Goes, Conservatives Might Bring Back Segregation
NEW YORK, NY - OCTOBER 16: Joy Behar attends the 2017 Broadcasting & Cable Hall Of Fame 27th Anniversary Gala at Grand Hyatt New York on October 16, 2017 in New York City. (Photo by Santiago Felipe/Getty Images)
Santiago Felipe/Getty Images

Joy Behar claimed Tuesday that if the Supreme Court were to overturn the landmark abortion ruling in Roe v. Wade, there was no limit to how far a conservative court might go.

Behar’s comments, which aired on ABC’s midday talk show “The View,” came just hours after Politico published a leaked opinion draft indicating that the court might be prepared to overturn both Roe v. Wade and its companion case, Planned Parenthood v. Casey.

“I woke up in the middle of the night to pee,” Behar began. “And while I was up I see my phone lighting up, people texting, look, what happened here. I couldn’t go back to sleep. It is that devastating. In those hearings, all of these people that are voting to overturn this lied, didn’t they lie?”

Behar was referring specifically to the three justices who were appointed by former President Donald Trump — Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — and saying that because they had all agreed during their confirmation hearings that Roe was “precedent,” a vote to overturn that precedent meant that they had lied to the Senate.

Behar went on to warn that a conservative court would not be satisfied with only overturning Roe, suggesting that they might come for other rights like same-sex marriage or even work to bring back segregation.

“It sounds to me that they all felt there was precedence and they would honor the precedent,” Behar continued. “And now the opposite is happening, not that I was surprised. We saw this coming. My worry that this is just the beginning, next they will go after gay marriage and maybe the Board v. — what is it, Brown v. Board of Education. They already eroded our voting rights a little bit. So I see some — I see fascism down the line, I don’t know.”

Guest co-host Lindsey Granger weighed in then, saying that she was concerned about the leak — which Chief Justice John Roberts confirmed was real, calling for an investigation into how it had gotten out. She argued that it could undermine the respect for and independence of the court.

“Setting a precedent for taking materials that the public was not yet to consume and telling us that the Supreme Court is now a partisan — it’s not apolitical any more, it’s part of the partisan fray,” Granger commented. “And I think that’s why, as an institutionalist I’m looking at this, and I think lot of Republicans are getting upset about the documents being released.”

“The bigger issue, obviously, is abortion is on the table, but people are getting upset because we’re setting a precedent now that you can’t trust the Supreme Court,” she added. “This infighting, nobody knows what’s it is going on who leaked the documents … If it was a liberal that leaked the documents, that would mean they’re trying to undermine the Supreme Court intentionally. If it was a conservative on the Court that released the documents, that would mean they’re trying to force the hand of their counterparts to stay firm in their early opinion, which is not right. We have to leave room for change in the Supreme Court.”