Blog Credo

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.

H.L. Mencken

Wednesday, May 15, 2019

The End Of Roe

Georgia and now Alabama have passed some of the most draconian anti-choice laws in the country. There is zero way these new laws would survive legal challenge based on any concept of stare decisis.  These laws are so far away from the Casey framework as to be laughable if it wasn't for the fact that 2016 gave the Republicans the right to place two justices on the bench who are undoubtedly hostile to Roe.  Gorsuch, Cavanaugh, Thomas and Alito are probable locks to uphold these laws.  Roberts will probably vote to uphold parts of the law. 

Alabama...well, what can you say about a state that nearly elected a serial child predator to the US Senate. Georgia, however, is home to Atlanta, which is home to several Fortune 500 companies and a generally "pro-choice with caveats" population. Georgia was another state where electoral shenanigans put a Republican in the executive. The idea that the GOP won't continue to play fast and loose with electoral laws is absurd.  It's working.  Why stop?

Generally speaking, these laws are unlikely to be popular nationwide.  While Roe isn't the most popular decision, there are consistent large majorities supporting things like rape, incest and life of the mother exceptions, and regular majorities for the sort of Casey framework: choice with limitations.  Politically, I would wager this would hurt Republicans, except, the Republicans have already ceded the support of the majority of Americans. They have control of enough rural areas so that the political positions of the Big Cities will be nullified.

In the meantime, if these laws are allowed to stand, states like Alabama, Georgia and soon Ohio and others will be jeopardizing the health and safety of women.  The intent of these laws are clear, especially Alabama's.  The Alabama law does not apply to embryos created for in vitro fertilization.  It only applies to conception that occurs in the womb.  This is EXACTLY the interpretation of these laws that women's groups have been pointing to.  This isn't about the sanctity of life when sperm meets egg.  This is about controlling women's reproductive choices.  This is about barefoot and pregnant.

The Courts might save us...but I doubt it.  We are simply too far gone.

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