They're Doing It
Unless you’ve been living in a cave the past 18 hours, then you’ve probably heard about a leak that came last night out of the Supreme Court:
A few caveats. First, the leak is from a DRAFT. This is not the actual ruling from the court. Nothing has changed as of right now. Second, these kinds of things have never leaked before. We don’t have a good sense of how much things typically change between arguments and the ruling. Third, there is always the possibility that the outcry that’s gaining momentum sways one or more justice away from this course of action. All that being said, this is a scary, dangerous, and entirely predictable position we find out nation in.
Since the late 70s, conservative evangelicals have made abortion their bugaboo. They’ve been very clear about it for the past 40 years or so. Why? Honestly, I have no idea. I reject their claimed rationale because they are rooted in theology. Our government should not make laws or restrict rights based on religion. The Founders were EXTREMELY clear about this when they constructed the First Amendment. It was literally the first right they wanted to establish and protect. But nonetheless, conservative Christians persisted. And now, it seems, their work has paid off.
Abortion is not a controversial thing. It is not a “split” issue in America. In fact, the vast majority of Americans support a women’s right to choose. Probably because of all the women who live here. When they think about being sued in court by their rapist because they didn’t want to be forced to carry a rapist’s baby (a real thing, see: Texas) I’m gonna guess it grosses them out. To say the least. Conservative “Christians” do not care about that woman.
They have made it their mission to throw their support behind whatever charlatan says they will add anti-choice activist judges to the courts at every level. And even though he’s been alleged to have PAID for abortions himself and spoken in interviews about how abortions need to remain legal, Donald Trump won the support of these “Christians” and got elected, simply because he promised to appoint pre-selected judges who would strike down Roe v. Wade. And guess what happened? He swung the court from balanced to a Christianity-obsessed majority with his three appointments.
For literally decades, progressives like myself have been ringing the alarm bell. We’ve known all along what would happen if Christian Theocrats got control of the court. They would ban abortion ASAP. Remember, this is not what the majority of Americans want. We do not want this. But the zealous overreach of these alleged Christians has gradually eroded the separation between government and a strict, unconstitutional, theocracy in which perverse Christian ideology is used to bludgeon those who do not follow their mythology. Ending abortion is only part of their endgame. They seek to do a lot more.
This isn’t an overreaction or hysteria. It isn’t hyperbole. It isn’t any of the other things progressives were accused of being for the last 30 years and specifically, the previous 5. Surely, you all remember when we warned about the dangers of the people being appointed to the court and the long-term ramifications of that?
Yeah. Hate to say I told you so but WE FUCKING TOLD YOU WHAT WOULD HAPPEN!
So here we are. On the brink of women’s being sent back a century and many, many other things balancing on the precipice. Do you know what else is really popular in America that can now be overturned? Interracial marriage. Yep! The philosophy and arguments behind overturning Roe can now be applied to that. Along with gay marriage. And a ton of other laws that sought to make America a more just and unified country. You think we’re kidding? Here’s a SITTING Republican senator saying exactly that!
Spare me the claims about hysteria this time around. And please don’t talk about how our reaction is overstated. For decades, conservatives have been doing everything they can to outlaw abortion, including bombing clinics and killing doctors.
What does Alito actually say in his opinion? More than a lot. But what it boils down to is this: Roe v. Wade should have never been decided in the first place. Nor should the laws that made interracial and gay marriage legal. He doesn’t think the Constitution gives the federal government the right to enforce states recognize people’s rights to these things. Instead, he thinks they should be left up to the states. Which is absolute, utter bullshit. Here’s why:
Did you get all that? The 9th Amendment clearly says that all rights not explicitly protected by the Constitution are held by the people. That means us. It doesn’t mean that states decide. It means that the people decide. This is where the 14th Amendment comes in, commonly referred to as the equal protection clause. This means that no law can be made that specifically prohibits one group of Americans from doing something that other Americans are allowed to do. When taken together, the Constitutionality of abortion is obvious and clear.
The fetus, on the other hand, is specifically NOT protected by the Constitution. It is not a citizen. It is not, legally speaking, alive. This is why we don’t assign fetuses social security numbers and why we have BIRTH certificates and not CONCEPTION certificates. The fetus has no legal rights. But the mother does since she IS a citizen and is protected by the Constitution.
Abortion is not addressed in the Constitution at all. Why? Because the Founders had extremely limited knowledge of procreation and birth. It was the 18th century! They thought bloodletting was a cure! This is a group of people who a few generations before executed women for being witches! Remember the Founders didn’t think anyone other than a white, landowning man should even be allowed to vote. They were also totally cool with slavery. Clearly, we have come a long way since then.
Name me a law that regulates a man’s reproductive rights. I’ll wait. Hint: THERE ISN’T ONE. There isn’t a single state that dictates what a man does/doesn’t do with his penis and testicles, aside from where he sticks them (which isn’t the issue before us. That has to do with protecting the rights of people NOT to have dicks and balls shoved into them). Men can get a vasectomy, which is often covered by health insurance (because it’s considered healthcare) yet a woman getting an abortion isn’t. Men can get boner pills while many employers won’t cover birth control for women. If you aren’t seeing a pattern here, you need to wake up.
If this opinion passes, women will be automatic second-class citizens. This isn’t an opinion, it’s a fact. Women will be forced to allow the government to regulate their bodies in ways that men are not. That’s as clear a violation of the equal protection clause as I’ve ever seen. Can you imagine if the government tried to force a vasectomy upon every boy in the country as a way of preventing rape or unintended pregnancy? The idea would be laughed out of the room. But when it comes to women’s rights, it’s something this group of fake Christians loves.
For his part, President Biden has been pretty weak in his response. He wrote a strongly worded letter (which does nothing without action) and gave a confusingly limp press conference about it. There is a lot more he can/should do about this. For starters, he can pack the courts. There is no set number of justices who serve on the Supreme Court. It’s varied quite a bit in American history. He’d need the support of Democrats in Congress to do so but he could try it. He could also do a few of these things that Elie Mystal suggested:
There’s no point in challenging this ruling (if it comes to pass) in court until the court is changed to reflect the actual views of Americans. Again, more people support abortion being legal and safe than not by a two-fold margin! It’s extremely popular and not controversial. If Democrats can’t make hay out of this and wield the power we keep BEGGING them to take, then we are truly fucked.
It has always been easy and convenient for me to write about abortion. I’m a man so I can’t get pregnant. I’ll never have to face that decision on my own. I cannot be raped by someone and forced to carry a criminal’s offspring for a year and raise it. This decision won’t directly impact me, outside of whatever children I may have someday. But now that we face the very real possibility of back-alley abortions and coathangers returning. It’s terrifying and I cannot imagine how women and young girls feel right now. My heart goes out to you.
It is important to remember that this has been their plan all along. They’ve been quite clear about it. And although we told ourselves it couldn’t happen, it seems like it has. What else do we think couldn’t happen here that will someday come to pass?
I cannot imagine the horrors and shame that await us if these people are allowed to continue their unjust, unAmerican rule.