Real Checks and Balances With a SCOTUS That is a Political Actor

This is what the court has been building over the last several terms is a pretty novel and historically unprecedented approach to the rights secured in the Constitution; which is that there are certain rights which are first class rights or top tier rights; and other rights which, if they exist at all, are really lower level, less important rights.

We’ve seen a kind of layering, particularly the end of this term, of the vulnerability of women and other people who could be pregnant, seemingly invisible to the Constitution, and the vulnerability of white men being hyper visible to the Constitution and gun rights and religious liberties are going to come to the rescue. This kind of tiering of rights is something new, and it’s certainly not something that the framers, even if that was where we wanted to anchor the meaning of these rights, had in mind, I think, in creating an ecology of rights among all of the rights that are secured in the Constitution, in ways that doesn’t elevate any other over any others.

Katherine Franke James L. Dohr Professor of Law at Columbia University

Why do people listen to us when we decide that the 14th Amendment requires one thing or another thing? Because it’s not necessarily the text. You know the text of the 14th Amendment or any other amendment in the Constitution is so vague. Like “Congress shall make no law” in the First Amendment. Yet Congress makes all sorts of laws that restrict speech or religion. So it’s not just the text, it’s what makes the court’s opinion better than others. And the court’s answer in Casey is it uses the term legitimacy and it says the court’s power lies in its legitimacy, which it defines as “…a product of substance and perception that shows itself in the people’s acceptance of the judiciary as fit to determine what the nation’s law means and to declare what it demands.” And what the court meant by that was; the reason why the court has power is because people think what the court does is engage in principled decision making. And to the extent that the public did not think that the court engages in principal decision making, they wouldn’t take it seriously.

All of the rules that you are describing, all the precedents that you are quoting is just cover for what we all know you’re going to do because you’re Sam Alito, and so to the extent that the court thinks we’re just going to automatically assume there’s a difference between an opinion like Dobbs and Mitch McConnell’s press release. I think that’s an unwarranted assumption, but it’s a cultural one and it’s a cultural force of the court’s power. And so what I am drawing optimism from at this moment is the extent to which members of Congress and the public are looking at these opinions and saying, you know, it’s not like the Constitution demands these outcomes. It’s not like these are the only outcomes you can think of.

In fact, the court is overruling itself, reaching alternative conclusions. And so we don’t have to live in a system in which children are getting shot every day. And we can’t do anything about climate change. And people are forced to birth when they don’t want to. Like all of these things, we don’t have to live in this system just because the court says so. And so the court is not worried about that, but I think it should be.

I think one notable thing about the court is for all of its contempt of Congress, almost every decision that it issued this term could be reversed by a simple statute passed by a majority of both Houses. So, Congress could in effect reverse Dobbs by enacting the Women’s Health Protection Act or a stronger version of it. The Supreme Court allowed Oklahoma and every state to regulate tribes by exercising enforcing its criminal law in Indian country. Congress could just pass a law saying, no, that was wrong. Please try again. The court harmed the EPA’s ability to regulate climate change. Congress could enact legislation to say that was a mistaken interpretation of our statute. The court reinforced qualified immunity this term. Congress could abolish qualified immunity and say “if you’re a police officer and you shoot somebody, you can go to court so that they can recover some damages for their loss of life.” Basically, everything the court did this term can in theory be limited by a statute. Even the decisions that reinforce gun rights or religious liberty could be modified by Congress, especially a Congress motivated enough.

But I think that that risk, the risk that Congress is going to pass bad laws, is a risk that in a democracy we have to take. We have to take the risk that in a democratic legislature, it’s going to enact laws we do not like. Instead, we have this system where we’re so fearful of what Congress might do that we have basically every possible veto we can think of; far more than every other country on the planet in terms of how difficult it is for the national legislature to pass laws. No other country basically requires a supermajority in one house, a second house, in a bicameral legislature, a Presidential veto followed by this Judicial veto afterward, which is just absurd.

It makes it really, really hard, and we do not expect anything to come out of our national legislature, and that’s what I think we need to get rid of. We need to start electing folks who are actually capable of legislating. We need to require that our president and the presidential administration not simply say, well, I guess if the Supreme Court said that this is the rule. So long as the Supreme Court is a Supreme Court, we have to listen to them. But rather like Abraham Lincoln 150 years ago saying, yeah, the court’s the court, but I represent the American people and I’m not going to tolerate this interpretation of our fundamental law. And so there’s obviously a political problem in that.

I certainly do not expect this Congress to legislate. There’s a cultural problem in a sense that most people think the Supreme Court should have the final word on what the Constitution means. But those are the two problems to focus on the political problem of building power through local organizing, through movement building, to demand a legislature that’s capable of legislating, and then a cultural problem of saying, look, Congress or the national legislature, for good or for ill, should have the final word on these questions in a democracy, because leaving it to the court is a terrible idea for a country that calls itself democratic.

Nikolas Bowie, Louis Brandeis professor of law at Harvard Law School

we should be ringing the alarm about this case Moore v Harper I think every day from now until it’s decided because the independent state legislature theory is one of the most radical and autocratic conceptions of democracy that this court has ever been presented with. And it really gives the court an opportunity to roll back some rights that many of us took for granted, including rights rooted in state constitutions.

Mark Joseph Stern
Amicus – A Supreme Court Term Like No Other – JULY 09, 2022

…as bad as this year has been for individual rights (if you aren’t a white guy) next year could be even worse, especially if we allow the Republicans to retake the House of Representatives and start the steamroll process that will bring back a President Trump in 2024. you have all been warned.

In Bush v. Gore in 2000 John Roberts, Amy Coney Barrett and Brett Kavanaugh argued before the court, using the independent state legislature doctrine, that George Bush should be allowed to become President without the Florida Supreme Court dictated recount, when the margin of his victory was less than 500 votes. The Florida legislature had decided they wanted Bush as President, and that is what the State of Florida should do because the legislature has the last say on that subject.

They are now going to decide a case that they have a demonstrable conflict of interest in, Moore v. Harper. Their decision in this case is already known and because of their conflicts on the subject, should not be allowed to occur. There are things we can do to stop this, but we have to push our Representatives in Washington to do the work that now needs doing.

Congress can strip the court of jurisdiction. It can strip the court of its building. It can strip the court of its summer recess. It can strip the court of its clerks. It can say, if you want to strike down our democratic laws, do so yourselves rather than relying on these 24 year old’s. It can strip the court of its discretionary jurisdiction. It can strip the court of the power to enjoin laws. It can say ‘no more federal courts can enjoin national laws and a nationwide system without a supermajority of the Supreme Court.’ It can change the court’s jurisdiction. It can put the court’s jurisdiction in the D.C. Circuit.

Congress can do all sorts of stuff and in the past, Congress has done so. When Congress was worried about the court invalidating reconstruction, it simply took the case out of the court’s hand and said, ‘Court, you no longer have jurisdiction over these cases.’

The problem we’re facing now is a Congress unwilling to fight back, not a Congress incapable of fighting back. And I think the conflict is something that Congress needs to embrace.

Nikolas Bowie

A Vaginal Dred Scott

The change in public opinion and feeling in relation to the African race which has taken place since the adoption of the Constitution cannot change its construction and meaning, and it must be construed and administered now according to its true meaning and intention when it was formed and adopted.

Dred Scott v. Sandfordsupreme.justia.com

Women were never seen as full, responsible citizens of the United States. They weren’t allowed to vote even after the results of the Civil War and the changes to the Constitution that invalidated the Dred Scott decision. Black men could vote, black women could not. No women could vote until the passage of the 19th amendment on August 18, 1920. Even today women are still seen as suspect, as not really capable of making informed decisions about their own bodies and their own futures. To this day there is no part of the Constitution that guarantees equality before the law to women.

This started to change after 1920. With the right to vote, women became almost full citizens. They were allowed to own property as early as 1848, seventy-two years before they were trusted with voting rights. In the 1960s women gained the right to open a bank account. They could vote forty years before they were trusted to handle their own finances at the bank.

There was one thing women have always been trusted with though, and that was the birthing and raising of children. Getting pregnant and producing the next generation of human beings was the only thing that was gladly left to them; the children and all the housework that came along with raising them.

Midwives and doulas were women, and they were the experts that were brought in to deal with births and the prevention of unwanted births, prior to the invention of modern medicine and the creation of the AMA. There wasn’t a thing called abortion before that point. They referred to it as restoring the menses, the return of the monthly bleeding that comes along with being a female of the human species.

Throughline – Before Roe: The Physicians’ Crusade – May 19, 2022

There were no laws in place to prevent abortions before quickening prior to the physician’s crusade lead by that one man, Horatio Storer. Because he wanted to push midwives out of the birthing room, to take away from women the one thing they had been entrusted to do throughout human history, he started the chain of events that has lead us down the long, winding road to where we are today. Had he not started his crusade against abortion practiced by anyone other than AMA doctors, none of the events we have witnessed in our lifetimes would have played out the way they have. He lit the fire of the pro-life movement that took over evangelical America.

Throughline – After Roe: A New Battlefield – June 16, 2022

The belief that separate and equal life begins inside a woman’s body and not once a baby is born may be the way that anti-abortionists frame their arguments, but their arguments amount to a denial of female equality no matter how you frame it. Forcing someone to do something with their body that is contrary to their will is involuntary servitude, especially when that something permanently alters the body in question and can last anywhere from a year to the rest of their lives. Slavery of the kind practiced after slavery was outlawed.

This kind of enslavement is worse than the chattel slavery that is practiced out in the open, is acknowledged and can be targeted for what it is. This type of immoral usage is a fraud, a trick at the expense of the other who is powerless to stop you from abusing them, hamstrung by the unequal laws that constrain them. If men, the law-creators, carried children then motherhood would be one of the most well-funded endeavors in human creation. On reflection, that is probably how it should be funded.

Forcing women to birth children that they don’t think of as people is dangerous to society itself. Children are not punishment and we cannot afford to treat them as punishment, nor can we justify the taking of them from their families as providing children for the adoption mills; institutions that were founded for racist and genocidal reasons in the distant past. Adoption mills that the newest Justice on the SCOTUS bench have profited from more than once.

Denying women legal equality was the platform on which the Moral Majority and the modern American conservative movement were founded. The antics of people like Phyllis Schlafly, Jerry Falwell and many, many others were the broadsides unleashed on the women’s rights movement, a movement that was set to establish women’s rights in the United States Constitution for the very first time.

The Equal Rights Amendment (ERA) was the instrument that they used to whip their followers into line with in the late 70’s. This is an almost forgotten historical fact these days, but the ERA was what got them off their pews and into State Houses agitating for an end to women’s liberation. The ERA was the motivator, the last straw, but it was the Supreme Court of the United States (SCOTUS) Roe v. Wade decision that lit their hair on fire to start with.

I have never understood why it is that Roe triggered them in this fashion. Abortion has always existed, even if we didn’t call it that. Roe was a perfectly acceptable compromise that took both sides into account. It would have been preferable if the legislatures of the various states and the federal government had cared enough for women’s health to do the right thing and make the procedure legal and available for poor women who didn’t want to have more children they couldn’t feed, but then being thoughtful and humane to those we exploit under capitalism isn’t the kind of behavior that comes naturally.

I distinctly remember accompanying my mother to a Planned Parenthood center in Dallas as a teenager in the late 70’s. We had to travel there from our hometown in Sweetwater because abortion services weren’t a thing you could find out in the hinterlands of Texas. You had to go into the cities for those types of services; and you didn’t tell anyone that’s what you were going there for if you did go there. So we made a side trip to Six Flags on that journey as a cover story, but we also went there to get someone an abortion.

That wasn’t the only time I went to a women’s health clinic for services like abortion. There were girlfriends and acquaintances that needed help, help that I was happy to assist them in getting. The Planned Parenthood center in San Angelo didn’t perform abortions but did conduct screenings for disease and provided access to contraception. Contraception, another bugaboo of the Moral Majority, one that they would prefer we didn’t notice they had a problem with.

Healthcare is Not a Popularity Contest

Roe wasn’t even the best vehicle that could have been presented as the case that would have secured equality, bodily autonomy, for women. The Notorious RBG thought that a different case should have been advanced:

On the Media – Instead of Roe: The Case that Could Have Defined Abortion Law – June 24, 2022

Who can say what a different case with a different, less medically obsessed, decision would have done for the cause of women in the United States.

As the morality laws across the country started to fall one by one. From interracial marriage to contraception and onwards, the Christianists watched from the sidelines and fumed as their religious beliefs enshrined into law were struck down, and they demonstrably grew more agitated as the country became more and more secular. Until Roe. Until it became clear that the country wasn’t going to adhere to their christian beliefs until they stepped forward and made their beliefs the basis for party loyalty.

…and so was born the Moral Majority, with the ERA as their first target. They were the force that got Ronald Reagan the Republican nomination and then the presidency. With that success under their belt, they then worked to infiltrate every bit of government that they could, altering the course of the American experiment with their meddling. With their need to see America be Christian first and foremost.

I really thought they’d never reverse Roe. They’d never be that stupid, that incapable of understanding what it was that Roe was part of. Incapable of understanding the intrusions into their own lives that reversing Roe would make possible. But the leaked Alito opinion proved how wrong I was. I had to finally admit that they did plan to reverse it and that they are every bit as stupid as I first thought they couldn’t be.

It’s quite possible that Alito leaked the draft opinion himself in an attempt to keep Robert’s watered down Dobbs opinion from gaining traction in the court. We may never know the facts of it. What can be said is that both the draft opinion and the SCOTUS Alito-authored decision are blatantly unconstitutional documents.

It seems weird to write those words about a SCOTUS decision, a SCOTUS that is supposed to be the maintainer of Constitutional law. However, Alito’s arguments completely ignore the ninth and tenth amendments to the Constitution and sets their intent aside in favor of conservative ideology.

We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely – the Due Process Clause of the Fourteenth Amendment. That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be “deeply rooted in this Nation’s history and tradition” and “implicit in the concept of ordered liberty.” Washington v. Glucksberg, 521 U. S. 702, 721 (1997) (internal quotation marks omitted)

PoliticoText of initial draft, supremecourt.gov

Unenumerated rights are guaranteed under the Ninth amendment and the due process clause in the fourteenth is just the stick on which the unenumerated rights have been measured by the SCOTUS. Justice Alito focuses on the due process clause without answering the question of why the due process clause applies at all. A right to an abortion need not be mentioned anywhere or indeed required to meet the high bar that Alito sets in his decision because the Ninth amendment makes no requirements on what an unenumerated right is. It is the SCOTUS that applies this false rule.

Justice Alito handwaves several times about personhood in his decision but he never does justify his legal opinion on the subject of abortion in anything substantial. He can’t do this because there is no person present inside the person of the mother, no matter how hard you squint at the problem. There is no soul, no functioning brain and insufficient oxygen to make the brain function even if it is developed enough to function in the final weeks of pregnancy. There is no proof of the existence of the soul and so he can’t argue ensoulment at conception as his basis for rejecting abortion as a legitimate medical procedure, and there certainly isn’t a person present at conception if there is no soul present.

Nor is it really a right to an abortion that most women seek but rather the right to the same kind of medical care that is provided to men. Medical care that includes treatment of all of their internal organs as if they are just like the internal organs of a man. This treatment would necessarily include abortion when she and her attending physician, doula or midwife deemed it necessary. That’s it. No refereeing by the government on any level. Her body, her choice.

The decision in the Dobbs case is nothing more than conservative ideology and it contains no legal or historical merit of its own aside from the fact that its author sits on the SCOTUS and is empowered to make these kinds of decisions for all of us. Sits on a court hand-crafted by Donald Trump and the Federalist Society to do what this opinion does, stop abortion from being performed in states that don’t want to grant bodily autonomy to women. The Moral Majority has finally gotten exactly what it asked for. I doubt they will enjoy having it as much as they thought they would.

The Dog Only Thinks He Wants to Catch the Car

This is hardly the first time this kind of ideological judicial activism has been performed, either. Casey was itself a meddling in the judgement of Roe, an attempt to loosen the rules so that the states that wanted to restrict abortion into the second trimester of a pregnancy could do so. This rigged SCOTUS has also neutered the Establishment Clause with the Carson v. Makin decision, clearing the way for governments to promote whatever religion they like by supporting them with tax generated funds. They have endorsed public prayer in schools in yet another reversal of established law. It seems that conservatives are completely okay with judicial activism if the judges do things that they agree with.

Amicus – Just Doing the Job They Were Put on the Court to Do – JUNE 25, 2022

Clarence Thomas has stated the goals of the conservative majority on the court quite clearly. If they are going to be ideologically consistent, then all the decisions he mentions in his concurring opinion in Dobbs (Griswold, Lawrence and Obergefell) also must fall. Whether they will get to tell us which orifices we can have sex with, whether we can use contraception while having sex or marry the same-sex partner of our choice is uncertain, but we should definitely not assume they won’t try and come for those previously established rights. What about wet dreams, Justice Thomas? Can I still enjoy my wet dreams?

Chief Justice Roberts wanted to head off the blatant declaration that Alito penned on the subject of abortion, that much is clear. The court bears his name as Chief Justice and consequently he is obsessed with trying to maintain the court as a relevant fixture in the US Government and not have it relegated to the backwater it was at the time of the founding. Perhaps he and his conservative cronies should have thought about the possibility of the Court becoming a tool of religious zealots before they pimped themselves out to the religious right in 1979. It’s a little late to worry about the Court’s reputation now.

This court has shown its true allegiance. Its allegiance isn’t to the Constitution that they swore an oath to uphold, it is to their own Christianist ideology, and nothing will sway them from their path. They are as certain of their moral superiority as the Taney court was certain of theirs when they authored the Dred Scott decision.

What a difference five years makes. In 2017, I feared that the court was ‘lead[ing] us … to a place where separation of church and state is a constitutional slogan, not a constitutional commitment’.

Today, the court leads us to a place where separation of church and state becomes a constitutional violation. If a state cannot offer subsidies to its citizens without being required to fund religious exercise, any state that values its historic antiestablishment interests more than this court does will have to curtail the support it offers to its citizens.

Sonya Sotomayor dissent from Carson v. Makin  (Amicus)

Just like Dred Scott and any other American with black skin was back in 1857, women have been remanded back into the custody of the men that they have sex with, or are raped by, to be their property once more. That is the effect of making it impossibly expensive to raise children on the one hand, providing no safety net for those women who find themselves unexpectedly pregnant; and forcing those same women to take years out of their lives to raise the children that they didn’t want, weren’t planning on and have no established support system to lean on. They will turn to the people who put them in this position and be forced to rely on them indefinitely.

It’s worse than that even. No one ever talks about ectopic pregnancies. No one wants to talk about anencephaly or other equally tragic birth defects that aren’t found until the third trimester.

Those women will also need to get abortions or face trauma or possible death from the pregnancy. An abortion is far safer than giving birth, even in the most advanced country on the planet, which isn’t the United States anymore. It also isn’t murder or whatever else you might believe about it based on things you have heard. Abortion is a medical procedure, a chemical result, as natural a course of events as a successful live birth is. We occasionally still call it a miscarriage, but that’s just an abortion by a different name. In the case of chemical abortions, its probably the same cause as a miscarriage. How do you plan to investigate that and tell the difference between the two?

Women Will Die

With this decision by Justice Alito and his fellow conservative SCOTUS conspirators, women are reduced once again to being baby-making machines. They are a walking uterus, worth nothing if they cannot produce viable children. They might as well be axolotl tanks, machines that do nothing but turn out new people. Machines without brains, without desires, without thought. They are slaves, just as black people were once slaves. Slaves to their biological processes.

Short Wave – The Turnaway Study: What The Research Says About Abortion – May 9, 2022

Being unable to have children is the only way to be free in this society. To be a natural, normal human being is to be a slave if you are a woman. This status will eventually be transferred to the men who get them pregnant, too. I talk about the consequences of reversing Roe at length in the linked article on the subject here and above.

John Cornyn said the quiet part out loud when he suggested that Brown v. Board needs to be targeted next. It’s not about his personal racism when he says this, not directly anyway. It’s about using racial inequality to make us all pay for unwanted pregnancies since it can be shown that there are unequal medical outcomes that will be made worse by striking down Roe.

Learn ConLaw – After Dobbs – 06.28.22

The cost that the Dobbs decision will inflict on poor women will be almost incalculable. I brushed over several obvious costs and curtailments of rights that women will experience in both of my articles that I’ve linked other places in this article. I see no reason to go through the list of bad outcomes that I’ve already produced there save this one thing; miscarriages happen. Miscarriages happen frequently (about a third of pregnancies) Will we prosecute these unfortunate women like murderers? If history is any judge, we will.

(Criminal Prosecution Of Pregnancy Loss Expected To Increase Post-Roe)

After they’ve strapped these poor women down and successfully forced them to have children, someone is going to have to pay those costs. Absentee fathers will be targeted first. This is not news to poor fathers whose wages have been garnished for quite some time for this purpose. They will be further demonized in the coming years, with calls for punishment that I don’t even want to think about, much less try to predict.

The taxes on everyone will have to be raised eventually, even if rulings like Brown v. Board are reversed. Raised to help fund the increased burden that the thousands, perhaps tens of thousands, of unwanted children will create. Children and then adults that will swamp most of the red states in the country. The cost of schooling or the cost of prison. The cost of food and shelter or the cost of healthcare. Red states that will deny to their last breath that this economic crisis, this glut of uneducated, unwanted people was caused by their delusions about abortion and the sanctity 0f life and they will look to the Blue states to save their asses one more time.

The Things You Own End Up Owning You

All of this might have been avoided, some of it could still be avoided. Laws should be based not on ideology but on best principles objectively proven through trial and error. Bronze-aged morality does not work when coupled with instantaneous communication across the entire world and world-wide next-day shipping.

The circumventing of state-maintained abortion laws is already taking place. This creates black markets in drugs and medical procedures which are essential, black markets defended by people who normally would never think about breaking a law. The destruction of the rule of law follows on the heels of the average person’s willingness to simply look the other way in order to save a loved one’s life or future. You thought the drug war was expensive? Get ready for a drug war 5 to 50 times more expensive depending on how seriously you want to take this sanctity of life thing.

In order to stop this erosion of trust in the law it is essential that we take back control of our government from these ideologues who have taken the power in our absence. We have sat too long behind the Roe decision and congratulated ourselves too early on our enlightened society. The barbarians are well beyond the gates now because they are in control of the Senate, the SCOTUS and most of the States.

We the People can fix this, if we understand the priorities that must come next. Go to your local party precinct meetings. Let them know you are there to help. Get out, canvas your neighborhood, and vote. Vote to throw out Republicans and anti-choice, misogynist leaders of every stripe (yes I’m looking at you Joe Manchin) more importantly, let your representatives know your mind about what they are expected to do as your representative in the State House and in Washington D.C.

The ERA has been approved by enough states now. It needs to be confirmed as having been ratified, and it needs to be encoded into US law immediately. The ERA may not be enough to fix this problem all on its own, but it will be a start. Restart and expand the child tax credit immediately. These funds will go directly to where the problems will appear first, families with dependent children. Children they weren’t planning on having but now will be forced to have. Get the government out of the process of determining health outcomes for individuals. Just like the law everywhere else should be, objectively determined best practices should be what occurs in medical clinics unless the individual insists on being treated differently.

Then there is the Supreme Court of the United States. The court has been treated as a final authority on Constitutional law since Marbury v. Madison in 1803, but there is no basis for the court being treated this way written into the constitution itself. That is the precise belief that Roberts hoped to preserve, that the court has any say over what can be enforced as law in the United States. We may not be able to change the way the court is used by the people who are there already, but there is nothing that says we can’t make the court as big as we want it to be. Twenty, thirty, even fifty justices, whatever the number is that we decide is enough to make sure that the views of the American people are part of the deliberations of the Court itself. Large enough to make sure that a tiny group of judicial activists can’t just decided to change a half century of established jurisprudence in the blink of an eye with one flawed ideologically driven decision.

The last time that unconstitutional, unpopular, far-reaching opinions like Dobbs were handed down by the court, the Civil War broke out. We are about to enter those turbulent waters for a second time, driven there by the same backwards mindset that gave us the Dred Scott decision in 1857. No matter what the SCOTUS says, women will demand their independence. They will fight for it and they will die for it as well as die from the lack of it.

We envision a world where every reproductive decision, including abortion, takes place in thriving communities that are safe, peaceful, and affordable. We envision a world where all people have the power and resources to care for and affirm their bodies, identities, and health for themselves and their families—in all areas of their lives. As we shift the conversation about abortion, it will become a real option, accessible without shame or judgment.

abortionfunds.org

Featured image screencapped from: nwlocalpaper.com/our-summer-of-rage

Postscript

July 3 – The original text of this article contained several hasty legal arguments that I have since excised, and I have expanded on some other thoughts as well. I apologize for the misinformation that I might have passed on earlier.

The Battles You Choose

Maddow speaks to AOC last night on her news program.

MSNBCRachel Maddow ShowRep. Ocasio-Cortez Warns Of Severe Fallout As Trump Rejects New Covid Relief – Oct 6, 2020

In that clip, and in other segments in the show, Rachel and her guests seem to be incapable of understanding what it is that Trump and McConnell are doing right now. She uses the phrase politically inexplicable several times. This is an incorrect assessment.

Telling Americans and their representatives in the House and Senate of the legislature that they won’t get coronavirus aid until after Trump’s SCOTUS nominee is confirmed is politically explicable, if you understand that the Republicans are fighting on a different battlefield than the rest of the country is fighting on.

The battlefield that the Republicans are willing to die on is the battlefield where they turn the United States, through control of its courts, into a Christianist country perfectly aligned with the prosperity gospel dogma espoused by their evangelical base. The dogmatic anti-abortion hordes that were created by Jerry Falwell and his Moral Majority, promoted to power by Ronald Reagan, that went into resistance mode under Newt Gingrich and then the Tea Party, and are now given voice my Mitch Mcconnell and the last, dying coronavirus-infected gasp of Donald Trump. They are demonstrably ready to die on that battlefield, and they are determined to take us with them.

V.P. Pence’s attitude towards Kamala Harris and the extra COVID-19 precautions that the council on debates has proposed confirm this assertion of mine. He is quite likely a super spreader himself now, since he spends so much time sucking Donald Trump’s cock in their private meetings. It is only a matter of days before he too shows a positive coronavirus test result, and he’ll get the same gold-star treatment that is reserved for the politically powerful in the United States of today. This is the country that America’s evangelicals have been working towards since 1978. Do you like it?

The war the rest of us are fighting is the one where the coronavirus is destroying our country with the president’s help. The president that has done nothing but pander to his evangelical, white nationalist base since he took office. The death of Ruth Bader Ginsburg has given them all one last chance to lock in the changes to our government that they have been seeking for more than forty years now. They think that with six solid conservative votes on the SCOTUS they will finally be able to enjoy the fruits of their Christianist efforts, establishing the dogmatic supremacy that the evangelical faith was established to produce more than a hundred years ago.

(Roe v. Wade Was a Conservative Decision)

Liberals should not capitulate. The Democratic party should continue blocking the efforts to replace RBG with Amy Coney Barrett. She, like Kavanaugh and Thomas, has no business being on the highest court in the land, much less being there for the next sixty or seventy years. Her willingness to subvert fact with dogma precludes her from ever being suitable for the federal bench, at all. Do not give in and allow them to fast track the corruption of our courts. If the Senate confirms no more judges until after next January 20th it will be a service to the country, even if that service comes at the cost of more lives destroyed by the coronavirus. Don’t do anything, if that’s what it takes. I’m betting the conservatives will blink first. Especially once the coronavirus finishes working its way through the ranks of Washington elites.

h/t to Stonekettle on Twitter for the featured image. Who created that image Jimmy Kimmel?

Ruth Bader Ginsburg

My most fervent wish is that I will not be replaced until a new president is installed

Ruth Bader Ginsburg

This was her dying wish, expressed to her granddaughter. She hadn’t been dead ten minutes before Senate leader McConnell was assuring everyone around him that the thing he argued for under Barack Obama’s presidency did not apply to the vacancy left by the death of the Notorious RBG (Tumblr) Trump intends to nominate someone to the court as early as Monday or Tuesday, even though it can be easily argued that he is president right now because of Mitch McConnell’s refusal to do the very thing that they are both planning on doing, replacing a deceased jurist on the Supreme Court when a presidential election is impending.

The hypocrisy and demonstrable dereliction of duty that is shown on both Leader McConnell’s and Donald Trump’s part when it comes to stuffing conservative judges into the federal courts as fast as they possibly can is beside the point I want to make here today. They have both been bought and paid for by the oligarchs who run this country, have run this country almost from the time of its founding. Their entirely predictable intentions are irrelevant here.

Ruth Bader Ginsburg was only the second woman to serve on the SCOTUS when she was appointed, the first being Sandra Day O’Connor. When she started practicing as an attorney, she had a hard time finding and keeping a job because the law at the time was a practice for men, not for women.

The notion until the ’70s was that the differentials based on gender riddling the law books operated benignly in women’s favor. So women were excused from jury duty—well, that was a favor. Who would want to serve if they didn’t have to? Michigan’s law saying women couldn’t be bartenders—that was a favor, because bars could be pretty raunchy places. Laws like that were rationalized as operating to favor or protect women. The challenge for me was to get the judges to see that, far from operating benignly in women’s favor, these laws, as Justice Brennan said so well in Frontiero, put women not on a pedestal, but in a cage.

theatlantic.com
NPR – Justice Ruth Bader Ginsburg, Champion Of Gender Equality, Dies At 87 – September 18, 2020

Nina Totenberg, the voice of the narrator in that nine minute NPR piece, has covered the United States Supreme Court since she was hired by NPR back in 1975. Nina Totenberg herself has fought many of the battles that the Notorious RBG had to fight. The canned nine-minute segment prepared by NPR in the event of RBG’s death covers the basics of her history on the SCOTUS. It is not enough information if what you want to know is “Who was Ruth Bader Ginsburg?” like I do. To further that quest I next queued up this episode of Radiolab, a rebroadcast of one of their spinoff More Perfect episodes about RBG and her impact on the court.

Radiolab – More Perfect: Sex Appeal – September 18, 2020

In that episode Jad Abumrad mentions that there were two movies made about Justice Ginsburg. I didn’t know about a second movie, so I had to go look it up and watch both of them.

RBG (2018)
Magnolia PicturesRBG – Official Trailer – Mar 7, 2018

I had always intended to watch this movie. I love documentaries and I have a fascination with the how and the why of a Supreme Court justice becoming a rock star. Becoming so famous that she inspired young women and men around the world to wear clothing and accessories (and even tattoos) with her face on it.

I watched the documentary on Hulu.com. It is also available from Amazon Prime (title link above) it is a proper documentary of a person, touching on all the parts of RBG’s life from childhood to 2018 when the documentary was made. Her time working for the ACLU is mentioned in passing, but they don’t appear to identify the attorney that worked with RGB to start the Women’s Rights Project at the ACLU (Brenda Feigen) the movie also goes through several of the cases that she was notorious for winning or writing an opinion about.

…the movie opens with statements of loathing from famous conservative figures. The fact that they hate her so much is a tribute to her dedicated liberal views, which she defended to her dying day. In my opinion, the documentary is the better of the two films.

I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president … For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.

a faker

He has no consistency about him. He says whatever comes into his head at the moment.

RBG on Donald Trump. 200,000 dead Americans agree with her.
On the Basis of Sex (2019)
Focus FeaturesON THE BASIS OF SEX – Jul 16, 2018
The law is wrong.

On the Basis of Sex starts with a young Ruth Bader Ginsburg in college and follows her up through her first argument of a case before a court as an attorney. Being an attorney was the job she wanted to do but was denied a chance of doing because she was a married woman with children. There is considerable deviation from the reality of her history in this film. The fictional plotline works to drive the narrative, so it is forgivable. However, it is also two hours long and feels like a two hour film when you are done watching it. The ending is satisfying, so I would give the film a positive review if I were to sit down and try to write a full review, which this paragraph isn’t.

This episode of the Daily from the NYTimes tells how her real history transpired, as opposed to the history provided as a backdrop for On the Basis of Sex.

Part 1: The Life of Ruth Bader Ginsburg – Sep 21, 2020 (Spotify is now embeddable. -ed.)
NYTimes – Part 2: The Battle Over Her Seat

Vox’s Today, Explained on RBG

VOX – Ruth Bader Ginsburg’s legacy, and the future of the Supreme Court, explained

She fought, and she won, battles that put women on equal footing with men before the law, right in the face of an overwhelming majority of contrary opinion. Again and again, she staked out the battlegrounds that legal arguments would be fought over, and she succeeded in making women largely equal to men even without the Equal Rights Amendment to the constitution.

To this day women’s rights in this country are provisional, based on legal precedents won in court and not on constitutional law, and this is because of the actions of the Christianists of the Religious Right. It was through them and their leaders like Phyllis Schlafly that the Equal Rights Amendment failed to be adopted by the deadline in 1979. That women’s rights exist at all from a legal perspective is largely because of RBG; and make no mistake, this is the reason that conservatives and Republicans hate RBG and will ignore her dying wish that the next president be the one to pick her replacement.

This is the important fact, the fact that inspired me to spend a considerable amount of time reading, watching and listening to the history of Ruth Bader Ginsburg over this past weekend. Republicans hate RBG because she is a woman and she has the temerity to speak her mind in the face of legal male privilege. Remember this fact when it comes time to vote in November, not whether or not Donald Trump and Mitch McConnell succeed in making the SCOTUS an organ of conservative dogma. Conservatives and Republicans do not think women and their opinions are worthy of note. Women should be in the kitchen, barefoot and pregnant. They certainly shouldn’t be on the Supreme Court. If Trump nominates a woman, and McConnell hypocritically gets the nomination approved by the Senate, that woman will agree with this sentiment, just as Justice Thomas thinks black people should be forced into second class status. What he doesn’t say is that he believes this because that injustice will inspire the re-creation of the United States as a black nation.

Conservative/Republican women in politics believe themselves subservient to men and yet attempt to lead anyway. Contemplate this fact until you understand what it means.

Over a long career on both sides of the bench — as a relentless litigator and an incisive jurist — Justice Ginsburg helped us see that discrimination on the basis of sex isn’t about an abstract ideal of equality; that it doesn’t only harm women; that it has real consequences for all of us. It’s about who we are — and who we can be.

Barack Obama
Kiki Bader

A Real Witch Hunt

I didn’t watch the witch hunt that was televised today (Thursday September 28th, 2018) although I have seen several stories in the media telling me how everyone else did watch. That would be their time to waste in watching the execution of a good woman’s reputation. I didn’t watch just like I didn’t watch the debates with the Orange Hate-Monkey. Brett Kavanaugh is lying now, just like the Orange Hate-Monkey (OHM) was lying then. Everyone knows Kavanaugh is lying. They know he is lying because he refused to ask for an FBI investigation when prompted. Repeatedly. So everyone in that Judiciary Committee hearing knew he was lying, but they all have to stick to their scripts.

The Judiciary committee Senate did burn the woman. The professional. The established doctor with a life and reputation of her own on the line. They always burn the woman, or as I said recently, #IBelieveHer and That Still Isn’t Enough People.

Do you know how we know that Mueller’s investigation isn’t a witch hunt? There are no women accused. There are no women accused and Donald Trump is still in office two years later. If Donald Trump had been a woman, if Hillary Clinton had won the election in 2016, there would already be a high rise built on the spot where her body was burnt eighteen months ago. Because witch hunts come to a speedy conclusion and they inevitably convict innocent people.

I started to watch the debates between Beto O’Rourke and Ted Cruz last week. Ted Cruz was lying before he even got out of his opening comments. What’s the point of listening to defacto, demonstrable liars? People who start off lying and never stop lying, playing dirty, blaming others for their behavior? Save yourself some time, spare yourself and the furniture the wear and tear of torment like that. They’re lying, they’re going to keep lying, so let’s get on to the next thing. What is the next thing, you ask? filling the streets of Washington DC with enough people that normal life comes to a standstill until this travesty of a Presidency comes to an end. That has been the next thing that needs doing since January 20, 2017.


Illness got in the way of my documenting the travesty of the Kavanaugh confirmation (as mentioned here) I’m going to append the material I intended to include in the further documentation to this post in a largely unedited format.

LatinoUSA, The Immigrant Woman Who Confronted Senator Flake, Oct. 2, 2018

I’ve shared that post widely. Many people who don’t follow Stonekettle Station expressed agreement with the words. It hadn’t occurred to me to think what might have happened had Kavanaugh not channeled Donald Trump’s Orange Hate-Monkey behavior into his Red Hate Monkey impersonation, until I read that post. Then it struck me. He was right. Kavanaugh’d be on the court already, if he had simply done the standard wring your hands I’m sorry bullshit. If he had done that instead of blow his top, they would have held the full Senate vote that day. Trump inspired him to destroy his own career by telling him to go hard. Whatever it is he’s hiding will come to light now, just as Trump’s dirty laundry airs on a nearly nightly basis these days.

…tell me again, why do people think Donald Trump knows anything about politics? Because I don’t think he knows thing one about the subject. 

…also, I’m hoping the FBI does what the interrogator did to Kavanaugh at the hearing. Probed in sensitive spots in such a way that the skeletons fall out of the closet. “Oops, we didn’t mean to do that!” But you are probably right. The White House is going to try to orchestrate the investigation.

Facebook

However, there was a ton of pushback that Jim got from elsewhere on Facebook, leading him to write an even longer post on the subject two days later.

I was NOT suggesting Kavanaugh cop to rape. Again, you MUST have seen enough of this to know how it works. There’s a list a couple hundred deep on Wikipedia of American politicians caught with their pants down.

I mean, you guys read the paper right? You watch the news? You know this is NOT the first guy with a shady sexual history nominated for office, right?

Lawyers write non-apology apologies for politicians all of the time without admitting anything. Kavanaugh IS a lawyer. The Senate committee confirming him are almost all lawyers. The SENATE is mostly lawyers. You people HAVE to know how this game is played? Right? You’ve seen it often enough.

There’s a formula for this: The guy makes some sort of vague tearful apology written by a lawyer without admitting anything. The powers-that-be use that to justify their approval AND their dismissal of the victims and any public protest. Confirmation. Business as usual.

Now before you start misinterpreting THAT statement, I didn’t say it was right. This formula. I said it IS. Call it the Patriarchy. Call it White Privilege. Call it Politics As Usual or the Swamp or whatever.” 

Stonekettle Station

It literally blew my mind that people did not understand what the first post was getting at. That he had to write a post three times longer than the first one just to get the key points across. As if this was grade school and you have to lead these people by the hands to get them to understand. I write, too. I get that narratives are hard to construct. But seriously, some people should stick to watching children’s cartoons rather than trying to master big words and hard concepts.

Reviewing the evidence revealed by the talking heads I listened to, talking heads endlessly discussing the hearings, I came away with the fact that Christine Blasey Ford, the prosecutor that the Senate Judiciary Committee had hired to cross-examine now Supreme Court Justice Kavanaugh, got him to reveal his character by making him lose his cool. He had secrets he was hiding, and he wasn’t going to reveal them willingly. He probably should have played with himself before going into that hearing. It might have made him less of a raging asshole, but I doubt it.

After this groundbreaking revelation, that Kavanaugh was lying on the stand, an impeachable error for a sitting justice, the Republican leadership of the committee fired Christine Blasey Ford, burning another witch. They had two witch burnings in one Senate hearing, and they counted that as a success. I know that Lindsey Graham saw it that way. The Senate Republicans burned the witches and pretended none of that bad stuff that Justice Kavanaugh was accused of ever happened. Just as they did with Justice Thomas. #IBelieveHer and That Still Isn’t Enough People. The outcome of the hearings was preordained by the Republican leadership of the Senate. Holding the hearings were just a sham.

On top of that, justice Kavanaugh was drunk on the witness stand. Pull up the video of his Senate hearing. Look at the flush on his nose and cheeks. That man is one angry drunk. I pity his wife and children.

Only stupid people like Caudito Trump and his MAGA supporters fell for the charade that the Senate performed that day. Now we have two people accused of sexual assault sitting on the SCOTUS and the stage is set for the drama that conservatives have been waiting breathlessly for ever since Roe was decided, convinced that they’ll be able to put women back in the kitchen, barefoot and pregnant as often as they can put them there. They’ve got their pandering Trump card stacking the federal courts in conservative favor. A task that was made possible by a Senate Majority Leader who should have been removed from office for dereliction of duty in 2010 when he stated his plans to do nothing for Obama while he was president.

McConnell’s Hypocrisy

A woman has accused a Supreme Court nominee of drunkenly pinning her to a bed, groping her and covering her mouth when she screamed. She has provided therapist notes from well before the nominee was a public figure. She has taken a polygraph test. She is willing to undergo an FBI investigation and testify under oath before the Senate. The man in question has been nominated to a lifetime appointment on the highest court in the land, where he will be interpreting the Constitution, and is likely to be the key vote for overturning a woman’s right to choose.

Yet at today’s conference for social conservatives, the Senate’s Majority Leader said none of this matters: “In the very near future, Judge Kavanaugh will be on the U.S. Supreme Court. So, my friends, keep the faith. Don’t get rattled by all this. We’re going to plow right through it and do our job.”

Robert Reich on Facebook

McConnell should be convicted for his crimes, his breaches of professional ethics. In 2008 when he set the Republicans to oppose everything Obama proposed, he should have been censured, right then and there. But instead of punishing him for his malfeasance, the Republicans doubled down and doubled down again, and then again, until we get to this impasse we are in now.

After all of their racism directed at Barack Obama. After all of their hypocrisy decrying programs they supported before Obama, and Clinton before him, proposed and passed the exact same programs. After all the Republican backstabbing and double-dealing to get their way. Denying Merrick Garland, President Obama’s SCOTUS nominee, any hearing for a year. Forcing the entire nation to wait a year with an evenly divided Supreme Court, just so that they could use the 2016 general election as a referendum. The Republicans are now caught in their last act of criminality, if not their last act of hypocrisy. They have someone they want on the Supreme Court. Someone that they know is their last chance. Their last chance to get a conservative on the court before the tide turns against them, and they won’t give up this guy no matter how much loathsome activity is dug up about him. None of it matters to them.

Why would it? They voted for and then willingly followed a guy who bragged about being able to commit murder in broad daylight in front of witnesses and not lose a single vote. They still support this weasel of a man, this Orange Hate-Monkey. They have no conscience, no honor. They have nothing left but obedience to their leader, obedience that should cost them their very souls. It won’t because they’ll skate away just like the wealthy criminals that they are. I have no sympathy for craven people like that. A pox on all their houses.

…I will never vote for a Republican again. Never.

Facebook


Senate Majority Leader Mitch McConnell (R-Ky.) blocked legislation on Wednesday that would reopen most of the government currently closed during the partial shutdown.

Sen. Tim Kaine (D-Va.) went to the Senate floor to ask for consent to take up the House-passed bill that would fund every agency and department impacted by the partial shutdown, except the Department of Homeland Security, through Sept. 30.

McConnell, however, objected. It’s the fourth time he’s blocked the bill to reopen most of government. He has also blocked, as recently as Tuesday, a House-passed bill to fund the Department of Homeland Security through Feb. 8.

The Hill: McConnell blocks bill to reopen most of government January 23, 2019

Take this man’s job away from him. Mitch McConnell should not still be in the Senate, much less leader of the Senate majority. Why have we not taken his job away from him yet? Oh, right, because Republicans still own the Senate and Republicans love power more than country. They love power more than truth. They reward loyalty to party over loyalty to the American people. Republicans have become the party of authoritarians and corporate fealty. They would be beneath notice if they didn’t still hold such high office. Time to alleviate that problem. It’s up to you, Senate Republicans.


Vox.com January 30, 2019

Only Mitch McConnell and Senate Republicans could manipulate something as benign and well intentioned as making Election Day a holiday into a vast left-wing conspiracy. It really shows how scared to death they are of the American people actually having a say in our democracy.

Robert Reich on Facebook

This just proves my long time assertion, an assertion laughed at by many. The Republicans are only in it for the power. They are only in it for themselves and their party. They no longer care about the great experiment that is the United States and they don’t care about democracy or the rule of law unless it is law they dictate from above.

If Republicans cared, they would be on the same side as the Democrats, promoting participation and a level playing field across the board. They haven’t been for any of these things for quite some time, at least since the day that Mitch McConnell declared that Barack Obama should be a one term president even though Obama won the office by greater margin than any President in recent memory. Mitch McConnell should spend the rest of his life in an orange jumpsuit. At the very least, he should be kicked out of the Senate and denied the pension and healthcare benefits that former members of the Senate enjoy. He is a prominent stain on the party of Lincoln. Maybe not the worst, but he’s been there longer than most. Time for him to go, and his party will have to do this themselves, if we are going to save this country.

Facebook comments embroidered and backdated to the blog. Virtually the same comment all three times for all three instances.This is the depth that the GOP has sunk to. To have a Senate delegation lead by a Trump toadie like McConnell has proven to be. He should be put on trial with Trump.



Postscript

As it turns out, Mitch McConnell was handed one more chance to fuck over the United States when Ruth Bader Ginsberg died late in 2020:

It was then that Mitch McConnell’s irredeemable hypocrisy also became undeniable hypocrisy. He took it upon himself to do exactly the thing that he said shouldn’t be done just four years previously and forced through the appointment of Amy Coney Barrett to the Supreme Court of the United States. There isn’t a prison cell small enough for creatures as evil as Mitch McConnell has proven himself to be. Mitch McConnell and Donald Trump have finally proven to me that evil people do exist. Congratulations?

If You Don’t Like Abortion, Don’t Have One

Sitting in the car listening to three confirmed christians (if Austin is the liberal island in the center of the conservative ocean of Texas, then why don’t we have any atheists on the airwaves around here? Sorry, lost track there for a second) sound off endlessly about the rightness of an anti-abortion stance, and listening to these three self-proclaimed conservatives express apparently genuine confusion as to why the abortion issue is the litmus test for potential judges. From what I’ve seen it’s not a litmus test, as in a piece of paper that is one of two colors based on the acidity of the solution it’s placed in, it is rather a weathervane that shows which way the hot air is blowing during any given political season. That these three talking heads can’t see it just shows their rank in the political game.

If there really were a litmus test for supreme court judges, it ought to be the constitution that forms it. The test (as is fitting) should be in the form of a single question and answer. “What is the meaning of the ninth and tenth amendments to the constitution?” Unenumerated rights. Limited powers. Any potential judge that does not concede the existence of a right to privacy, of a limit to state power, does not have a place on the bench within the US court system. Good luck getting a straight answer there.

This is one of those arguments that I’ve had so many times with so many people that I could convincingly argue both sides in a continuous monologue that looked like a dialogue. I don’t think I’ll do that. It would go on as long as the so-called debate (if two sides engaged in endless name calling could be labeled a debate) has gone on already, and none of you would read it.

This is a faith based issue with the devout believing or being instructed to believe in a particular fashion on both sides of the argument. The Fascist Right (what I fondly refer to as the Religious Reich; what is generally mislabeled ‘conservative’) believes that it is the correct stance of the state to confirm their loathing of a waste of potential and to require women to carry pregnancies to term, no matter what. For those on the right, correct thinking is paramount, the resultant unpleasant reality is punishment for incorrect thought. The socialist left (Tree huggers if you like, I don’t have a cutesy name of my own for them) believes that it is the correct stance for the state to confirm a woman’s right to choose to terminate an unwanted pregnancy, with funding as necessary. For those on the left, correct actions are paramount. We should always feel good about what we are doing, even if forced to.

What the two sides have in common is the desire to wield force in the form of law, and require others to bow to the whims that they worship. This is, in truth, the common thread of all the political footballs that come into play with each and every election and decision. What the players on the field (or the pawns on the chessboard, take your pick) never seem to understand is that the leaders on either side of the issue don’t have any core disagreements. They are all willing to force others through law to behave or believe whatever they deem correct at any given minute. The issues are simply how they maintain control and distract attention.

“But wait” you say, “The Republicans are poised to reverse Roe v. Wade! How can you be so cavalier about this?” It’s easy. The Republicans have no intention of reversing Roe v. Wade. They would be fools if they did. The reason is constitutional.

Roe v. Wade establishes a right to privacy. To reverse that is to make us all wards of the state (some would say we already are) and to make all claims to privacy by persons, including the multinational corporations, null and void. I just can’t see the Warren Buffett’s and Bill Gates’ of the world signing up for that type of punishment. So excuse me if I don’t take this threat seriously. The Right to Privacy will continue to exist (as it did unenumerated before Roe v. Wade) and with it the availability of unpopular medical procedures, including abortion. Sorry folks, them’s the breaks.

In libertarian circles there has been an uneasy truce on the issue of abortion for quite some time. Don’t get me wrong, we have believers on both sides of the issue here too. It just doesn’t get contentious (generally) because we don’t acknowledge that the state has the authority to force someone to bear children on the one hand, or the authority to levy taxes to pay for abortions on the other. We’re more than happy to let the individuals involved make decisions for themselves. It’s what tends to work best.

I hear you saying “what about protecting life, dammit?” That’s all fine and good. First, prove that there is a life, a life with a conscious mind, a will to live (not just autonomic responses) the presence of brainwaves, preferably; and then show how you will preserve that life without harming the life (and by harm I mean economic as well as physical harm) of the mother-to-be, and you might have a telling argument. Otherwise we are still back at individual choice.

The short version of this is if you don’t like abortion, don’t have one. That should limit the decisions to the individuals with a real stake in it. The women.

Postscript

Mercifully my libertarian delusions about tax dollars and government health expenditures fell by the wayside when I came to a deeper understanding of what money is and what society is. (Wayback Machine version of the original article) What good governance entails. It could have happened sooner, but I’ll take the enlightenment anyway I can get it.

I have come out as unambiguously on the side of choice in recent years., science having pretty much taken us to the edge of survivability for the fetus outside the womb. What is needed now, if the anti-abortionists want to prevail on this subject, is an artificial womb. With that invention the woman need no longer carry the baby to term herself, it can be implanted in the artificial womb and the lifers who think every sperm is sacred can just foot the bill for raising all those previously aborted children.

I’m sure they’ll jump at the chance to pay for that. 

Abort Alito

Has a nice ring to it, don’t it? Unfortunately, taking the “Shoot down Alito at any cost” tack feels too much like Schadenfreude, Pleasure derived from the misfortunes of others.

Alito wrote two memos in 1985 that rocked political circles when they were made public in November.

In one, an application for a promotion in the Reagan administration, Alito wrote “the Constitution does not protect a right to an abortion.”

He said he was proud to fight for such causes in which “I personally believe very strongly,” and he cited his membership in a conservative Princeton alumni group widely criticized for opposing efforts to bring more women and minorities to that university.

The other memo outlined a strategy for attacking the landmark 1973 Supreme Court ruling that legalized abortion nationwide, asking: “What can be made of this opportunity to advance the goals of bringing about the eventual overruling of Roe v. Wade and, in the meantime, of mitigating its effects?”

Alito and his supporters have sought to put some distance between him and the memos. Republicans predict he will survive this week’s grilling and be confirmed to succeed centrist Justice Sandra Day O’Connor, a step that could shift the court notably to the right.

seattletimes.com via the Wayback Machine

His misfortune to have been on record being honest in his opinions (misguided or not) Bush’s misfortune to have (apparently) been elected in the first place. He’d have been better off if he’d never ventured into politics.

…So would most of the rest of us.