68 Comments
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Tracy Kohlbeck's avatar

It will never fail to astonish me that anyone feels they have the right to dictate what a woman can and cannot do with her own body. Whatever happened to a person's right to privacy? Hopefully at some point a woman's right to abortion will become enshrined into law nationally.

Stephen Brady's avatar

It may have to be enshrined in The Constitution. Look what the Roberts Court did to Calais.

Tracy Kohlbeck's avatar

Good point, although having it enshrined in the Constitution would be a heavy lift with red states.

Stephen Brady's avatar

Dems need to work extraordinarily hard the next 2 elections to take control of as many State Legislatures as possible - in addition to both Chambers of Congress and the Presidency - and then give people reason to keep electing them. The rethuglicans are busy shooting at their own feet.

Tracy Kohlbeck's avatar

Absolutely! They'll be working 24/7 to clean up the mess the current administration has made!

Steve 218's avatar

The court and this administration have no problem with tinkering with the Constitution, its meanings and directions.

Stephen Brady's avatar

Anything which suits their authoritarian and patriarchal ends.

JL West's avatar

We thought that "the Due Process Clause of the Fourteenth Amendment includes a fundamental 'right to privacy'" which was the Roe decision.

Oops, after 50 years, turns out it wasn't.

Tracy Kohlbeck's avatar

Exactly! What part of 'right to privacy' do some people not understand?

bitchybitchybitchy's avatar

Under this SCOTUS only white men with money have rights.

Carol Taylor Boyd's avatar

I thought that the 14th Amendment should have given women equal status too. Turns out, the Constitution actually has to add the word women to an Amendment before we have real equality in this country.

As soon as another Democrat president is elected we have to launch a campaign demanding that the president instruct the Archivist to publish The Equal Rights Ammendment. It's been ratified. It needs to be published!!!

JL West's avatar

It's not just a matter of it being published.

Here's the sticking point:

"The ratification deadlines that Congress set after it approved the amendment have lapsed, and five states have acted to rescind their prior approval....

In a 1939 case, the Supreme Court ruled that the question of whether an amendment has been ratified in a reasonable period of time is a “political question” best left in the hands of Congress, not the courts. If Congress acts to waive the deadline, would the courts continue to honor that precedent? "

https://www.brennancenter.org/our-work/research-reports/equal-rights-amendment-explained

Hummingbird3's avatar

It’s not the woman’s own body when “personhood” is given to a cluster of cells that cannot exist outside of a woman’s uterus, when the viability of even making it to full term is still unknown. So far, “fetal personhood” is up to individual states it’s but at the root of the forced birthers belief system and the goal is to make it national. All this from the “ you can’t make me wear a mask or vaccinate against a preventable disease that may kill my child if he/she contracts it”crowd.

Tracy Kohlbeck's avatar

Summed up very well!

Ivan Tufaart's avatar

If the decision is allowed to stand it's going to be a bonanza for The Mob. Heck, we can't manage to stanch the flow of fentanyl, cocaine and methamphetamine into this country! So what is the chance that we'll be able to stop getting RU 486 into states where it's banned, especially given that there are many states where it's perfectly legal and there's vast public support for keeping it that way! I'd say that the chance of stopping (even illicit) mailing is close to zero.

This will be the biggest meal ticket for organized crime since Prohibition was instituted.

Susan Iwanisziw's avatar

No doubt the Trump family would find a way in.

Ivan Tufaart's avatar

I'm sure that if Don the Con got one of his mistresses pregnant, he'd have no trouble securing some of those drugs for her-- whether she wanted them or not!

R Nelson's avatar

Something tells me there aren't any more pregnant mistresses for Turnip; powerful and impotent are two different things. Not to mention the dubious joy for her of making out with a guy in a diaper...

Steve 218's avatar

That's true, without a doubt. They are one of the crime families today,

JL West's avatar

I disagree that there will be organized crime involved. Not enough money for the hassle, for one thing. The other is that there will be no need.

https://www.youtube.com/watch?v=drGx7JkFSp4 (Sisters Are Doin' It for Themselves)

There are currently programs, such as AidAccess (founded by a female gynecologist), that are and WILL provide abortion medications to countries where it's currently illegal. They will now send pills to states that ban abortions via plain-wrapped mail, and who is going to go through drugs-by-mail when so many people are getting them that way?

https://aidaccess.org/en/

Ivan Tufaart's avatar

You may well be right-- enforcement would be difficult-- even if RU 486 were banned unconditionally. I suppose whether it's lucrative enough for Mob involvement will depend on how intrusive and effective state and federal bans are.

And since Federal (FDA) jurisdiction, from what I understand, is only for INTERstate commerce, California was talking about setting up a drug-manufacturer that only operates in-state, so there would be no Federal case-- and if Californians independently mail those pills to people elsewhere, then it's on them rather than the drug manufacturer. No idea if they'd actually do it, and whether the Feds would crack down on it, Constitution be damned.

JL West's avatar

I really think this is toothpaste out of the tube now. There are numerous feminist, physician-backed, abortion access groups, national and international that will find a way.

With early pregnancy tests being so accurate (and even available at dollar stores!) most women will be able to get medication in time. And some, such as AidAccess have a sliding scale or are free for those who can't pay.

Dave's avatar

The root cause of this problem is religion. The First Commandment should have been, Thou shalt mind thine own business.

Ellie still in the mix in 26's avatar

If Ben Franklin had his way, that would have been the motto on USA coinage.

Stephen Brady's avatar

Women's business is whatever the patriarchal men say it is.

Steve 218's avatar

That attitude is changing, just not quickly enough.

Carol Taylor Boyd's avatar

Unfortunately, the right to privacy is a very modern concept. When the Bible was written, privacy as we know it didn't exist. People lived in small communities with little more than a tent between them. We have no idea what the social norms were to protect a person's control over their and their family's lives. They had to work closely together to survive and thrive.

The best guidance that we have comes from the New Testament where Jesus says, "Judge not lest you be judged." Jesus made it clear that God alone has the right to judge us. But "Christians" today aren't really followers of Jesus. He's too woke.

Sueki89's avatar

Yes, I pledge to increase the volume of my opposition to limiting reproductive health care. And I will increase my donations to nonprofits that help women expand their healthcare options.

Linda Silfven's avatar

These religious fanatics who say a fertilized egg is exactly the same as a human being will NEVER stop until all abortion is eradicated in the US. How DARE they impose their religion on the rest of us. As Tim Walz said: “ Mind your own damn business!”

Maureen Dorsey's avatar

The evangelicals in the US are our taliban.

Paula Smith's avatar

Abortion rights and the affordability issue are closely linked. The majority of women seeking abortion already have children and do not want or cannot afford additional children. In addition, red states where abortion is more difficult to obtain, legislators refuse to assist families after forcing them to have more children...no help with childcare, schooling, healthcare....the list goes on. In addition to standing up for bodily autonomy, we need to talk about this important issue!

Nina T's avatar

I am always amazed that politicians ( right now) can hold sway over science and medical knowledge on our health! I am sure they have no idea about the physiology of conception.

Dr. Judith Schlesinger's avatar

With all due respect to Ms. Weiss-Wolf, sending all good wishes to Jen Rubin, who has been sorely missed these days!

Bobbette Strauss's avatar

Everyone deserves a vacation!

Dr. Judith Schlesinger's avatar

Of course! I hope that's what it is! It was rather abrupt.

Hubert Thomason's avatar

The devastating effect of big money, Christofascism, misogyny and racism intersect in the abortion issue. Abortion access and women’s right to private healthcare services should be non-negotiable for progressives. We must prevail. It may take time and strategic planning but we must win in order to reinstate Democracy as a core American value.

Stephen Brady's avatar

I posted a comment on another site yesterday (Friendly Atheist) that has relevance here. The antiabortion movement appeared in the 1970s as a response to Roe. It was dreamed up by conservative Christians and amounts to the implementation of their religious sensibilities into de facto law. Because of it, women have died and will continue to do so. Just wait around... Justices Thomas and Alito have both said that Griswold was improperly decided... Which could pull the right to birth control out from under women. What we actually have here is an authoritarian crisis where courts can legislate from the bench so they can lord over women and deny them their chance at 'Life, Liberty, and the Pursuit of Happiness.'

Deborah's avatar

Actually according to sources I have read, and my memory of those years, the antiabortion movement was drummed up by the right-wing religious types to get political power because they were bummed that they couldn't get tax credits for their segregationist private schools where only white kids were welcome.

Stephen Brady's avatar

My point was that it was religious in origin.

Harold Amos's avatar

With the appeal to the Supreme Court, who would have thought we'd be coming down of the side of Big Pharma? Strange bedfellows indeed.

Dori Zaleznik's avatar

I think a parallel track here that highlights that all these attempts are simply anti-women would be to go after erectile dysfunction drugs that are distributed by mail after a telehealth "visit" and these confidential services are advertised.

Steven Branch's avatar

Thank you, JWW for your piece. I thought that my state of Louisiana could not sink any lower by bringing the lawsuit that plunged the dagger into the heart of what was left of the Voting Right Act of 1965 with the help of the 6 Horsemen/Woman of the Apocalypse.

Thanks to you, I am unfortunately reminded that another atrocity is in the works with State of Louisiana v. FDA. LA AG Liz Murrill uses the ruse that mifepristone prescribed by telehealth and delivered by mail is unsafe when in reality, she doesn't like that the medication is readily accessible by mail and therefore flaunts the state's total ban on abortion/choice.

Based on its rulings of late (especially last week's Callais decision), don't be surprised if/when SCOTUS delivers yet another scathing blow to reproductive rights in this country.

Michelle Jordan's avatar

If they thought they were solving the problem by overturning Roe they were not. If the Democrats are successful in November then they may be able to pack the court eventually and reject every one of the felons Supreme Court nominees, but this may not happen until 2028 or a massive impeachment occurs. Whoever argues before the court should be doing a bang up job on their fascist decision to overturn Roe.

June A Sewell's avatar

Medical licensing boards need to start filing proceedings against legislators for practicing medicine without a license. Because that really is what they are doing.

Steve 218's avatar

"What about Trump v. CASA, in which the Court ruled 6-3 that a single federal district court cannot issue a “universal” or nationwide injunction? What a difference a year makes. In the words of my NYU Law colleague professor Melissa Murray, apparently stare decisis is for suckers.]"

It sure as hell isn't for the Roberts supreme court. What they have done to the voting rights act and Roe vs. Wade is just an example of how their "revisiting" of settled legislation goes. One decision that should be revisited (but won't be) is Citizens United. Its unintended (or maybe totally intended) consequences have done the majority of us no good.