The abortion ruling of constitutional court shows again why Kaczyński took it over. He has met demands of impatient conservative allies, but without risky political responsibility. Ironically, this is an example of just the legal "depoliticization" populists often rail against.
Of course, the difference here is that the court is not independent. The timing and result of the ruling have been shaped by Kaczyński through the court head (his personal friend) and loyalist judges. The rising pandemic means he can now avoid the mass protests of previous years.
In short, Kaczyński has used a captured constitutional court and the pandemic to handle a tricky political issue. His allies have wanted action, but many Poles don't want the abortion law changed. This way he can satisfy allies, but retain (semi-)plausible political deniability.
Finally, the controversy provides another distraction (to be clear: the crucial issue of women's rights is no mere "distraction" in itself) from growing anger over handling of COVID-19 - the greatest political danger to PiS. Today Poland saw a record 12,107 cases and 168 deaths.
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