Tag: ConLaw

The Republicans are poised to reverse Roe v. Wade! How can you be so cavalier about this?

A question I posed to myself in 2006

My response in 2006 went something like “Republicans have no intention of reversing Roe v. Wade. They would be fools if they did reverse it.” I’m beginning to suspect that I overestimated their intelligence on this particular subject. There has been a veritable deluge of attempts to overturn Roe v. Wade in the last decade, not to mention the war that conservatives are waging on Planned Parenthood in the mistaken belief that Planned Parenthood is where all abortions occur in the United States.

As the writing appears on the wall in this final gasp of American conservatism, the soon to be disempowered Republican party continues to slice parts of itself off in an orgy of self-congratulation. It seems that throwing all their morals out the window and voting for a confirmed con-artist, philanderer and pathological liar requires them to double down on their debunked claims to a moral high ground. They are convinced that if they only pass one more law they’ll finally be able to get rid of the medical procedure, abortion, by overturning Roe. They also seem to think that they’ll stop women from using birth control or morning after pills. I think they should stop while they are ahead.

Ahead you ask? How are they ahead? The answer is as demonstrable as the the lack of a moral high ground was in the previous paragraph. Roe was a conservative decision based on science and the law back when it was decided in 1973. It was and is conservative because it represented a partial step towards granting women the same bodily autonomy that men enjoy, before there was a detectable change in the woman’s body, while protecting the state’s interest in making sure that the maximal number of new citizens is born to each new generation of women. The state’s interest is expressed in those terms and in only those terms.

Abortion wasn’t even a hot button issue back in 1973 when Roe was decided. Several churches and leaders of the time signed on to allowing abortion to spread across the nation as a legitimate medical procedure back then. It wasn’t until the birth of the Moral Majority in response to the changes in the American family and the threat to the subjugation of women that the Equal Rights Amendment represented that Abortion became the focal point of American conservatism. American conservatism that was being used like a sock puppet by the Christianist right.

That episode of NPR’s Throughline covers how abortion was turned into the issue that it is today by Jerry Falwell and his merry band of Moral Majority pranksters. This article isn’t about Christianists and Christianism and why the rest of us who live in the United States should be opposed to everything that Christianists want to do to our country. They are important issues, but this article is about a medical procedure, abortion, and what banning that procedure does to the citizenry in general and women in particle. Why we as average citizens should be opposed to the banning of abortion that modern American conservatism is based on.

Access to healthcare is a woman’s right. There really isn’t any question about this because access to healthcare, a combined investment by the society at large as well as individuals caught up in the various healthcare systems across the globe, is every human’s right. This right is established through the fact that each person born came from someone who in some way contributed to the current status of medical knowledge and the existing medical infrastructure. People come from somewhere, and that somewhere is from other people. People created the healthcare system over generations, and this basic fact grants later generations access to the combined knowledge of their forebears on what should be an equal basis. An equality that is currently being denied to most people living today, but that observation is also a digression from the specific point I’m trying to make with this article.

Abortion is a medical procedure, no if’s and’s or but’s about it. As a medical procedure, abortion should be available to anyone who wants one, end of story. Or rather, it would be the end of the story if men had to carry the next generation in their bodies in the same way women do. But that isn’t how nature set procreation up. Nature put the bearing of young on women’s backs, not men’s backs. This left the women at home while the men formed hunting parties. It left them at home caring for children while the men created the first governments. It left the women at home changing and washing diapers while men learned professions and took jobs outside the house. Because of these historical facts, men today vy for access to a women’s reproductive organs, by violence if necessary, and then try to keep their unwanted progyny in the woman’s body by force of law since they, the men, set up that law through their control of government.

Men do not face the kinds of obstructions that women do in life. There is no litmus test for young men like there is for young women. No one asks men if they are planning to have children. No one hiring a man for work worries about the man getting pregnant and having to be absent from work. Women are by default subjected to these kinds of stigma because they are the ones that keep Homo Sapiens Sapiens a going concern. Without them there would be no future humans to buy all the stuff that H.S. Sapiens is obsessed with producing.

No one expects men to reveal whether they’ve had a vasectomy. No one wants to hold men accountable for wasting potential life every time they masturbate (no one who is sane does, anyway) their privacy is respected, even when it comes to making decisions about whether they will have children or not. This is not true of women.

Women’s health is fraught with demands to know things about their physical being that a man would never, ever, put up with. “She’s on the rag.” “You look fat.” “your tits are too small.” “When are you due?” the intrusions into their personal privacy defy any attempt at comparison to the way men are treated in public. The next time a man loses his shit in public, ask him if he’s played with himself recently. Go ahead, I dare you.

Female hysteria was once a common medical diagnosis for women, which was described as exhibiting a wide array of symptoms, including anxiety, shortness of breath, fainting, nervousness, sexual desire, insomnia, fluid retention, heaviness in the abdomen, irritability, loss of appetite for food or sex, (paradoxically) sexually forward behaviour, and a “tendency to cause trouble for others”. It is no longer recognized by medical authorities as a medical disorder. Its diagnosis and treatment were routine for hundreds of years in Western Europe.

In Western medicine hysteria was considered both common and chronic among women. The American Psychiatric Association dropped the term hysteria in 1952. Even though it was categorized as a disease, hysteria’s symptoms were synonymous with normal functioning female sexuality. In extreme cases, the woman may have been forced to enter an insane asylum or to have undergone surgical hysterectomy.

Wikipedia.org

There is a right to privacy in the constitution, and the reason this right exists even though it isn’t enumerated is itself a function of constitutional jurisprudence. Political pundits talk about how abortion is a litmus test for potential Supreme Court justices. If there really were a litmus test when it comes to abortion, it ought to be the constitution that forms it since the constitution is what they swear to uphold. The test could be formed of a single question with two possible answers. What is the meaning of the ninth and tenth amendments to the constitution? The answer to this question could be either unenumerated personal rights and/or limited government power. 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. They demonstrably do not understand the document that they will be sworn to protect.

Roe v. Wade utilizes the right to privacy found in previous jurisprudence. The findings of all of the cases that involve privacy since that case rely on the findings of Roe for their justification. The court will have to find some other basis for privacy as a right in any form if they hope to preserve privacy after reversing Roe. Yes, the prospect of reversal of that judicial precedent is that far-reaching. To reverse it is to make us all wards of the state and to make all claims to privacy by persons, including the multi-national corporations null and void. Pick one. Outlaw abortion or lose your ability to talk to your doctor or attorney in confidence.

Evidence for life

Proving something in court requires that you produce evidence for your claims. First you have to prove that there is a life, a life with a conscious mind, a will to live, and not just autonomic responses. Breath is the baseline for determining whether human life is present. Without breath there is no voice to speak up in protest. Without breath there is no human life that medicine or science can document. Without breath there isn’t a soul, as your own religious document states.

Normal brain activity is another baseline piece of evidence. Normal brain activity which isn’t possible without a functioning set of lungs for each brain. Going into all of the vagaries of what life is and when it begins or ends is the subject of this just published article of mine EPHN: A Right to Life? and the long article I wrote on the subject of abortion five years ago, Abortion: As Natural as Life Itself. Abortion and its detractors are a frequent subject on the blog. Far, far too frequently for my taste and probably for many of my reader’s tastes.

After you do that you still aren’t done. You still have to show how you will preserve that life without harming the life of the mother-to-be, and by harm I mean economic as well as physical or emotional harm. If you did all of that, you might have a telling argument. Failing to do any one of those things will put you back at where we started this entire fiasco. Individual choice. The woman decides if she will have a child, and that means right up to the day before delivery as far as legal arguments are concerned.

Keeping abortion legal does protect the life of the real, live woman whose body you want to use as a government-mandated incubator. Women die during pregnancy and childbirth, all the time. Savita Halappanavar died an unnecessary death in horrible pain due to Ireland’s (since repealed) ban on all abortions. This will happen here too if abortion is banned. Underaged girls get pregnant. Rape and incest figure into these pregnancies. Will you inflict further harm on girls who have already been violated by someone close to them by forcing them to carry those pregnancies to term? Some of them will die during pregnancy and childbirth. Just exactly what limits will you set in your pursuit of protecting the life of the unborn? How many women will die because of your crusade? It should be your job to count them all. All of those lost lives will be the blood on your hands. May you have better luck than Pontius Pilate had in removing that blood.

Anti-abortionists are now attempting to change the basis for evidence in legal arguments through their promotion of judges to higher seats on the bench in the United States. Judges who are just fine with not forcing claimants to prove that there is a human life being taken with every abortion. This is far, far more dangerous a move than just reversing Roe would be. That way lies inquisition and its many, many victims as Christianists look to destroy the impure in their midst, the impure that probably don’t even exist. If we want to maintain courts as the bastion of common decency that they are in the United States today, we cannot allow them to weaken evidentiary rules.

The stage is set for the final act of this farce. The farce that started when the Moral Majority decided to make America a christian country and set about forcing their beliefs about the nature of existence on the rest of us. The problem for them remains the same problem that the United States Supreme Court faced back in 1973. Namely, if they force women to carry every pregnancy to term, who pays for that? Who pays for those children’s futures? Who makes sure that they have equal access to the benefits of society right alongside every wealthy, wanted child?

Who Pays? Well, We All Will

Your taxes will be raised to cover those costs. Don’t bother to try to disagree, this is written into the constitution. Brown v. Board of Education outlines the bare bones of what will be required of the general public if women are forced to carry every pregnancy to term. Equal schools for all those children. Equal access to healthcare. Equal access to the courts will ensure that this prediction will play out as I describe. Trillions will be spent.

Not just on schools and medical facilities, things we should probably be investing in anyway, but also on police and investigative capacity. Every woman will have to be registered as soon as they have their first period. They will have to be registered as a potential mother so that they can be properly tracked. Don’t say this won’t happen, it has already happened in Missouri and in Donald Trump’s concentration camps. Sexual activity will have to be monitored to make sure that no one attempts to prevent a pregnancy. This task will require a police force the likes of which has never been seen before in history. The Handmaid’s Tale only hints at the depths of depravity that will be required to insure that no pregnancy is terminated, ever.

That is what reversing Roe will entail. But it only begins there. The current thinking for who will pick up the tab for all these new children amounts to making the men who father them pay for them. As if men are made of money and all you have to do is tap them like a Maple tree and they’ll ooze more money than any number of children will require. Most men are too shiftless to be willing to work to support the results of every orgasm they experience. Considering the thousands of times the average male masturbates in a given lifetime, this is understandable. Most men are unwilling to devote themselves to raising children through their own direct effort. This has been my experience as a dad who spent two years at home raising his second child. Most men that I have revealed this fact to have been incredulous that I would waste my time in that fashion. As if crafting the minds and bodies of the next generation of humans was work that wasn’t of prime importance to every currently living person.

Equality will not be achieved by enslaving the men unlucky enough to be caught fathering children. They will never produce enough to pay the costs of raising those children properly. The failure to produce funds to guarantee equality will result in the taxpayer having to fund the shortfall. This means your taxes will go up, and up, and up…

…if you ban abortion. Someone has to pay for these children, and the full faith and credit of the US government will require that the taxpayer eventually pays that bill.

Should men carry their share of the weight? Certainly. Should we leave children in the hands of women who don’t believe they are people and don’t want them? No. Should we force the fathers to share the poverty with these women and their unwanted children? No. Shall we then confiscate children from parents that cannot raise them? Make them wards of the state and then task the state with making sure they have the best life possible? Seems to me we probably shouldn’t even begin to head down that road, the road that is labeled banning abortion. That’s the point that I’ve been trying to make since this subject was forced into my personal space as a teenager, witnessing the misfortune of people who didn’t pay attention in health class. Someone will pay for the stupidity, eventually.

If, on the other hand, I were trying to craft political positions for the movers and shakers on the issue of abortion. If I were asked to advise them on the subject of whether to support this or that bill limiting women’s access to healthcare (as far-fetched as that notion would be) I would tell them to insist on a quid pro quo arrangement.

“Fine, I’ll support your interference in the health and family decisions of the average woman in exchange for legislation that guarantees that there will be no homeless children in our state. Legislation that insures no children go without meals or beds to sleep in or whatever level of education they prove themselves capable of working towards. Either we agree on this equal exchange, or I will torpedo your bill with every legislative trick that I can muster.”

That would be my advice. Anti-abortionists claim to be pro-life. It should be beholden on them to prove that they really are pro-life by making every child a wanted child, every child a child with a home, every child a child who is not hungry. Either that, or they can just admit that abortion is sometimes necessary and give up the whole idea of interfering in a woman’s right to choose. They are, after all, the shiftless men I’m talking about.

Punishment is where the entire roller coaster ride of anti-abortion sentiment goes off the rails. The moment that anti-abortionists decided to punish women for their promiscuity with forcing them to raise children they don’t want, they crossed an unforgivable line in the sand. Children are not punishment, and we cannot afford to treat them as punishment. Infants become adults, people with rights they can assert for themselves, and those people will take their dissatisfaction with their unwanted lives out on the rest of us.

This experiment has been tried in recent history and the results are known. Ask Nicolae Ceaușescu how well that worked out for him (another dictator that Trump would have loved) You can’t, because all those unwanted children dragged him out of office and killed him. That is what has happened before when an authoritarian government attempted to make women raise children they didn’t want. If avoiding that fate means abortion is legal for the full term of a woman’s pregnancy then so be it.

All of the alternatives to the decision handed down in Roe v. Wade will be far less satisfying for anti-abortionists and Christianists than the status quo is right now. Over and over, looking at possible outcomes from reversing Roe, making abortion illegal, reveals that the current arrangement is most likely the best deal that those people can hope for because the chances that women will stop having abortions and stop having sex are almost nil, and that in itself represents a nightmare than men wake up screaming from anyway. Roe v. Wade was a conservative decision, far more conservative than what the status quo will be after the precedent is reversed, no matter which way the country goes after that. Don’t say I didn’t warn you.

The common refrain when abortion on demand became the law of the land was that abortion should be safe, legal, and rare. The question that has never been answered has always been “what is the number that is rare?” I say let women decide. For themselves. For the Christianists out there in the audience: settle for the limited control you have now or potentially lose everything you currently cherish about American life. Because after women take back their rights to their own bodies, they are going to come after your other religious beliefs one by one, and people like me will encourage them to do so. Stop while you’re ahead.

You demand this life be born to appease you miserable vengeful god, but you then abdicate any responsibility for it whatsoever. Life begins at conception and ends at birth, well, at least society’s responsibility for it. To you, “sacred” means life must be born, no matter the consequences, and then it can die in the dirt and it’s not your problem. You would force life into the world, but shrug off any responsibility to build a better world for it.

Stonekettle Station

Case history

• Roe v. Wade
• Griswold v. Connecticut
• Myers v. Nebraska (foreign language)
• Pierce v. Society of the Sisters (Oregon)
• Planned Parenthood v. Casey
• Whole Woman’s Health v. Hellerstedt
• Brown v. Board of Education

They aren’t pro-life, they are anti-woman.

George Carlin

Featured image: Norma McCorvey and her lawyer in front of the supreme court building, from Roe v. Wade, explained

Afterword

Portions of this article were previously published by me on bulletin boards across the internet (the Abortion thread on the DCBBS) for the last thirty years, and were also published previously on the blog here. I have reassembled my thoughts here simply to have one article to point to when people want to argue with me about Roe v. Wade and it’s impacts. I have added references and adjusted poorly worded language since this article’s publication. If this bothers you on subsequent reading, I apologize.

The Texas Abortion Ban Invites an Era of Constitutional Chaos – The Atlantic

Texas S.B. 8 is exactly the kind of thing that I was most afraid of as a result of decades of anti-abortion nonsense. It incorporates all the elements of a secret police dedicated to the mission of keeping women barefoot, poor and pregnant that an aggressive police state could muster, without having to pay for the massive investment of time and energy that this kind of surveillance state will require in order to be successful. Other anti-abortion states will go farther given time.

Unless and until they understand what it is they are promoting, poor women will continue to die from a lack of proper medical care. Poverty will increase and crime rates will increase as the volume of unwanted children that result from efforts like this one in Texas also increase.

You cannot assert that the resultant children will not suffer poverty and abuse without a simultaneous investment by the state in foster care systems. Equivalent anti-poverty injections of cash into the lives of the women who will now have to raise these children that have been forced on them by the anti-abortion movement. People are going to die because of this law. Real, breathing, talking people who will get caught up in the insanity that is the anti-abortion movement and its war on this medical procedure.

Thus, to say that Roe is a one-off constitutional blunder, built on a flimsy foundation, while other rights are grounded in concrete, is a myth—and a dangerous one. Nothing in the Constitution says anything to specifically protect couples’ ability to choose to have sex, use contraception, get married, decide how to educate their children, refuse bodily inspection or medical treatments, and, yes, terminate a pregnancy. From a legal perspective, if Roe falls, it’s hard to see what else will still stand.

What ‘Roe’ Could Take Down With It – The Atlantic

A Vaginal Dred Scott