Tag Archives: Roe v. Wade

Looking For My Inner Pollyanna–Roe v. Wade Edition

Along with all the other legal mayhem we can now expect from the most reactionary Supreme Court in over a century, most observers predict the demise of Roe v. Wade, despite polling that suggests most Americans would strongly disapprove.

If Roe is overruled, there will certainly be some horrendous consequences. But there may also be some unanticipated positives. Bear with me, here.

We have all recognized the intransigence of the “one issue” anti-choice voter. Without Roe, it’s conceivable (no pun intended) that the wind will go out of that sail. (It will be much more difficult to energize a national movement against birth control, which is actually a target of the most rabid anti-choice activists.) Anti-choice voters have been a mainstay of the GOP–and they will arguably be considerably less motivated.

If Roe is no longer the law of the land, the issue will revert to the states, and a number of states will opt for reproductive choice. Those of us who care about women’s autonomy will need to do some serious fundraising to make it possible for poor women in Red states to travel to states where abortion is legal, and that’s a pain. But even now, with abortion theoretically legal, there are many places in the U.S. where clinics are few and far between; women have to travel long distances, put up with bogus “counseling,” and deal with other barriers to the exercise of the currently constitutional right to terminate a pregnancy.

What the confirmation of Kavanaugh and the de-nationalization of Roe might do–should do–is redirect liberal and pro-choice energies from national to state-level political action. And that could be a huge game-changer.

The current dominance of the Republican Party doesn’t reflect the desires of the American majority–far from it. GOP numbers have been shrinking steadily; some 24% of voters self-identify as Republican. Their dominance is due primarily to the 2011 gerrymander, and that was made possible because they controlled a large number of state governments. The GOP vote suppression tactics that depressed Democratic turnout and disenfranchised Democratic voters have also been facilitated by state-level control.

The next redistricting will occur in 2021. Between now and then, women, Democrats, liberal-leaning Independents and new voters need to focus their efforts on statehouses around the country. We need to eliminate gerrymandering wherever possible, and we need to put an end to vote suppression tactics.

There will be other strategic decisions necessitated by a rogue Supreme Court. Lawsuits implicating civil rights and civil liberties, for example, may have better prospects in state courts interpreting state constitutions than in the federal system. (When the Supreme Court was less open to arguments from the LGBTQ community, the ACLU and Lambda Legal had some considerable successes in state courts.)

The next few years will be critical. Success will depend upon the “staying power” of those Americans for whom the 2016 election and the travesty of Kavanaugh’s confirmation have been wake-up calls. It’s one thing to post despairing messages to like-minded friends on social media; it’s another thing entirely to continue the day-to-day drudgery of organizing and registering our fellow citizens, and getting out the vote.

If we are going to reclaim the America we thought we had, however, anger and determination are great motivators.

“Repealing” Roe v. Wade

On 60 Minutes, Donald Trump evidently claimed that “repealing” Roe v. Wade would be a priority.

Among the many, many things our next President does not understand is how government actually works. He may be surprised to discover that Congress–even one dominated by GOP culture warriors–cannot “repeal” a Constitutional right.

That is not to say that Roe is safe, only that it will take several years and some fairly creative judicial legerdemain to completely reverse current case law.

Here is how it will play out.

Trump will have an immediate appointment to the Supreme Court, and may well have one or two others during a four-year term. He has pledged to appoint a social conservative, and that’s a pledge he’s likely to keep. Once a case implicating reproductive choice works its way up to the Supreme Court, that newly conservative Court will take the opportunity to further limit what previous Courts have confirmed: it is a woman’s constitutional right to control her own body. Perhaps the newly constituted Court will reverse Roe outright, perhaps not–but the effect will be the same.

Reversing Roe entirely would leave the legality of abortion up to the individual states. We would go back to the time–a time I vividly remember– when women who could afford to do so traveled to states where abortion was legal, and a significant number of the women who couldn’t afford to do that died in back-alley, illegal operations.

As my friends at Planned Parenthood like to point out, women didn’t begin getting abortions after Roe v. Wade. They just stopped dying from them. 

The only thing prochoice Americans can do to thwart this cynical and theocratic agenda is work tirelessly to prevent their state legislatures from passing new, restrictive measures that are intended to provide the Court with an opportunity to “revisit” the issue. (Here in Indiana, a State Representative has already announced his intention to submit a bill that would criminalize abortions and punish the women and doctors who participated in them. I’m sure theocrats in other states are equally eager to test the anticipated new boundaries.

Given the number of deep red states populated by religious fundamentalists, the odds of defeating all of these throwbacks aren’t good. So while Trump cannot “repeal” reproductive liberty, he can sure eliminate it.

I think the legal terminology is: we’re screwed.

 

 

Rape, Incest and Ben Carson

Shades of Richard Mourdock and “what God intended”!

Among the many other retrograde positions he has taken, Ben Carson wants the Supreme Court to overturn Roe v. Wade and criminalize all abortions. As Ed Brayton reported at Dispatches from the Culture Wars, 

Republican presidential candidate Ben Carson said on Sunday that believes Roe v. Wade should be overturned, and that women should not be allowed to have abortions even in the case of rape or incest.

“The mother should not believe that the baby is her enemy and should not be looking to terminate the baby,” Carson opined to NBC host Chuck Todd. “We’ve allowed purveyors of division to think that baby is their enemy and they have a right to kill it. Can you see how perverted that line of thinking is?”

There are a number of possible responses to this latest evidence of Carson’s worldview: the most rational is to simply shrug. Ben Carson isn’t going to be President of the U.S.–despite his current lead in GOP polls, he isn’t even going to be the Republican nominee, so the fact that he wants to make women carry their rapist’s baby to term–however creepy or nauseating one might find that–is ultimately irrelevant.

On the other hand, Carson is hardly the only Republican who sees “God’s will” in the consequences of a rape. Mourdock and Akin were the most high-profile, but there are plenty of others–almost all of them men– who want to deny women not just the right to abort, but access to birth control as well. (After all, if you give us the right to control our own reproduction, we’re likely to get all uppity and start thinking we’re equal to men.)

I don’t really expect this latest pronouncement to damage Carson’s popularity with the GOP fringe. After all, if stating that racism wasn’t a problem before Obama’s election, that Muslims should not be allowed to be President, that evolution is a “Satanic plot,” that we need to get rid of Medicare and Medicaid, and that university professors should be monitored and censored only operated to endear him to the party base, this latest evidence of bizarre reasoning is unlikely to offend them.

What’s a little misogyny among Republicans?