Tag Archives: supreme court
This week’s swearing-in of Supreme Court Justice Neil Gorsuch has raised concerns among pro-choice activists. Any of the many state-level abortion restrictions could make their way to the Supreme Court. This, in turn, could spell the end of Roe vs. Wade. Gorsuch replaced a conservative justice. This means the technical balance of the Court hasn’t shifted. But with one more Supreme Court nominee, the Court should shift further right than it has been in four decades.
With all the focus on abortion rights, it’s easy to lose sight of something most people take completely for granted: premarital and casual sex. Abortion rights helped birth the sexual revolution. The transformation this produced took premarital sex from scandalous to standard. A Supreme Court that reverses choice rights, or even one that just eats away at choice, could affect the sex life of anyone who’s ever deigned to have sex outside of marriage–and that’s almost everyone.
A new Tennessee abortion ban bill prohibits abortion after 20 weeks. The bill, sponsored by Republican legislators, was roundly criticized by women’s rights groups. In testimony about the bill, one woman cried and called the bill “cruel.” Now, opponents of the bill are getting support from an unlikely source. Tennessee’s Republican attorney general, Herbert H. Slattery, III, has called the bill “constitutionally suspect.”
Is Sexism the Only Value the Trump Administration Holds Dear? Comments by Neil Gorsuch About Women Suggest the Answer is Yes
Supreme Court nominee Neil Gorsuch was once vaunted as a fair, intelligent choice. That veneer is beginning to crack, thanks in part to the revelation that Gorsuch made sexist comments while teaching a law school class. It’s all part of the same trend in the Trump administration: contempt for women.
Conservatives and liberals alike have long pointed to Donald Trump’s apparent lack of values. He was pro-choice before becoming “pro-life.” He promised to “drain the swamp,” then ignored his staff’s ethical lapses. His views on gun control, the Iraq War, health care, and taxes have been nearly impossible to pin down. The only thing that seems consistent is Trump’s contempt for women. He picked a vice president who thinks women shouldn’t work outside the home. His administration backs this notion. Trump has hired significantly fewer women than previous administrations. He’s also picked a Supreme Court nominee who cannot be fair and unbiased about issues affecting women.
Consider how Neil Gorsuch’s views on women could color his rulings on choice and other issues that affect 51% of the population. Gorsuch has of course denied the statements, probably because he realizes they call into question his integrity.
President Trump is a direct threat to abortion rights, particularly if he gets more than one Supreme Court nominee. An end to Roe vs. Wade would send abortion back to the states. Women’s access to abortions would then depend on geography. So will abortion make it to the Supreme Court? And will the wrong case end abortion as a Constitutional right?
For that to happen, only two things must occur:
- A lawsuit about an abortion regulations under Roe must wind its way to the Supreme Court
- A majority of the Court must vote against abortion rights. This probably wouldn’t happen unless Trump nominated a second Supreme Court justice.
A number of state level abortion restrictions may soon give rise to lawsuits. In 2016 alone, 19 states enacted 60 new abortion restrictions. Here are some of the most disturbing.
A new law in Arkansas permits husbands to sue their wives to stop abortion. With no exception for rape, the law fundamentally undermines the right to privacy that underpins Roe vs. Wade.
Second Trimester Abortion Bans
Roe vs. Wade preserves the right to abortion up to the point of viability. Lawmakers in numerous states want to prohibit the procedure well before viability. Ohio recently enacted legislation banning abortion after 20 weeks. A number of states have recently banned dilation and evacuation (D&E), the safest and most popular second trimester abortion option. The Pennsylvania Senate just passed legislation banning the procedure. If the measure meets the approval of the House and governor, it could become law.
So-called personhood amendments define fetuses—and occasionally even fertilized eggs—as human beings. This enshrines for them the same rights that living, breathing women posses. And in the case of a woman seeking an abortion, a fertilized egg has the right to remain in the woman’s body, no matter how she feels about it, and no matter how it got there.
Personhood amendments almost never contain exceptions for rape or the life of the mother. In Wisconsin, anti-choice activists argued that the life of the mother is a “loophole” used to unfairly seek abortions.
A related group of laws, fetal heartbeat laws, prohibit abortion as soon as a fetus has a heartbeat—usually around six weeks’ gestation. One such law passed the Ohio legislature last year, but Governor John Kasich vetoed it.
Burying Fetal Remains
In their quest to penalize women, a number of states now require them to bury all fetal remains, including those from miscarriages. These laws are largely nonsensical, since abortion rarely produces a “body,” and miscarriages are often indistinguishable from menstrual periods.
Indiana’s fetal burial law sparked a national backlash in the form of “Periods for Pence.” Now Texas has a similar rule. Women’s groups already plan to sue—a decision that could launch the law on a journey toward the Supreme Court.
What Happens Now?
These laws present choice advocates with an impossible conundrum. They can let the law stand, thereby depriving women of abortion rights but preventing the case from going to the Supreme Court. Or they can fight back, risking nationwide abortion rights in the process.