After 49 years of promising their voters to appoint justices to the Supreme Court for the express purpose of overturning Roe v. Wade — and the kabuki theater of those appointees testifying to Senate Judiciary Commitees that honest pinky-swear cross-my-heart they carried no such agenda —Republicans are finally getting their wish.
Unless you've just recovered from a coma, you already know about that Justice Samuel Alito's draft opinion eviscerating Roe v. Wade was leaked to Politico, and you probably know that one of the main points of his opinion is that abortion rights (or the prohibition of them) is a matter to be decided between a woman and her statehouse, governor, Congress, President... anyone "from the government and I'm here to help."
Effective abortion bans are set to snap into place in 26 states the instant the Court's ruling is handed down. Some have been passed recently or will be soon; in other states, old laws voided by the Court's 1973 ruling (such as Wisconsin's 1849 law) will arise from their graves.
Just about all of these abortion bans, old and new, presuppose that women who seek abortions are unprincipled whores likely to wait right up until moments before going into labor to abort their unwanted fetus instead. That they deserve for each and every sexual act to result in nine months of hard labor.
I know from the experience of someone close to me that the decision to terminate a pregnancy is never easy, and sometimes the baby was very much wanted. If I had been in her place and had been told to go home and wait to miscarry, I would have reached the same decision she did.
If you're a woman or girl living in a state where Republicans do not exercise a stranglehold on your legislature, chances are you will get to keep the right to determine your own child-bearing decisions — at least as long as there's a Democrat in the White House. But anywhere else, your chances are awfully remote, and largely thanks to Court decisions made along the way with this day in mind.
Republicans took advantage of their state legislative wins in 2010 to cement their momentary majorities into permanent ones through the redistricting process and erecting barriers against voters apt to vote for Democrats — and Republican judges have backed them up. Right-wing activists regularly flood the airwaves in election years to promote anti-abortion candidates — and again, Republican judges (many of them having been themselves beneficiaries of those floods) have backed them up.
Federally, Republicans use the free and easy filibuster rules in the Senate to block any and all Democratic legislation — and you can bet that if there are 51 of them in the Senate next year, Mitch McConnell will get rid of the filibuster to pass a total nation-wide ban on abortion. Even if the Roman Catholic in the Oval Office today vetoes it, the GOP retains its numerical advantage in the electoral college in 2024 that we saw in 2000 and 2016.
If the immediate future for women's reproductive rights looks bleak now, so too did the prospects of the anti-abortion movement in 1973. But they kept working toward Dobbs v. Jackson Women’s Health Organization with unrelenting, calculated determination, and here we are.
Can the other side match that effort — even if it takes another half-century?
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