Roe v. Wade's survival just got a little more unlikely

[Celerity]

Chief Justice Roberts has been a voice for restraint on abortion. But now the conservatives don't even need his vote.

https://www.washingtonpost.com/opinions/2021/05/17/roe-v-wades-survival-just-got-little-more-unlikely/



Until now, many observers of the Supreme Court (myself included) shared a theory about how the court would probably handle Roe v. Wade in the coming years. Though it’s often hard to predict what the justices will do, the theory held that they would attempt to destroy Roe without overruling it. They would chip away at it little by little, using multiple cases under narrow legal justifications most people wouldn’t really understand to erode abortion rights until we reach the same destination as a repeal of Roe. The right to an abortion would exist in states run by Democrats but effectively disappear in states run by Republicans. What they wouldn’t do is just repeal it outright, since that would be too politically dangerous for the GOP.

But maybe they will after all. Or, at the very least, they may gut Roe in such dramatic fashion that it will be the same as repealing it — not just legally, but politically as well. The court has announced that it will be hearing the case of a Mississippi law that was so clearly in violation of Supreme Court precedent that the very fact the court is taking the case is reason to fear:



The Supreme Court has repeatedly said in the past that states cannot ban abortion before “viability," when a foetus can survive on its own outside the womb. But in the Mississippi case, the court said that it will be examining whether “all pre-viability prohibitions on elective abortions are unconstitutional.” If they were to throw out the viability standard, it would be open season for conservative states to regulate abortion rights out of existence. This will be the first abortion case to reach the court since Amy Coney Barrett replaced Ruth Bader Ginsburg, and precisely no one on the right or the left believes Barrett is anything other than a committed opponent of abortion rights. That’s one of the reasons Donald Trump picked her for the job.

snip

[niyad]

1. Depressing, but unsurprising. The woman-hating gestational slavers have been trying for this

since the original decision.

Would you consider cross-posting this in Women's Rights And Issues? Thanks in advance.

[AZ8theist]

2. What will they fundraise off of after outlawing Roe???

[CrackityJones75]

3. Denying POC life?

They will then run on getting rid of welfare. Rather they will continue that. In the end it will not work oht too good for them.

[smirkymonkey]

14. Outlawing birth control.

Just wait for it.

[AZ8theist]

28. Yup. Griswold v. Connecticut. Decided in 1965

Only a hop, skip, and jump from repealing the 13th, 14th, and 15th amendments.

These fucking scum will bring back slavery if they get their way.

[joshcryer]

15. Putting women in jail for their bodily choices.

There will be women who will be in the unfortunate position to test the courts decision and they will be tried for murder and crap over a 16 week abortion.

[smirkymonkey]

16. Outlawing birth control.

Just wait for it.

[Claire Oh Nette]

17. This...

The religious right conflates birth control with abortifacient and miscarriage with still birth with abortion.

Even their bronze age shepherd's guide to life spoke at length of the Breath of life. Until that viable foetus breathes... No pregnancy is guaranteed to go to term.

Women controlling their own reproduction leads to more educated women with smaller families. Thus, fewer white Americans in the face of long trending demographic trends.

There won't be fewer abortions, just more dead women.

[AZ8theist]

29. Wait..WHAT??

The fundajelicals misinterpret their holy book?? That can't be possible.....

But you are exactly correct. There won't be fewer abortions, just more dead women.

Koresh Almighty, I FUCKING HATE THE REICH WING......

[Claire Oh Nette]

30. Fundajelicals is my new favorite word...

I'm old enough to remember seeing graffiti on the sidewalks of Berkeley when I was in college: Block Bork underneath a wire coat hanger.

A lot of young women have no idea about the coat hangers.

[AZ8theist]

31. Can't take credit....heard it somewhere...

[Celerity]

21. it's entirely possible they again go to this level of brazenness sometime down the road:

Arlington, Virginia


Washington DC


New Jersey


New York


New York


New York

[Crunchy Frog]

23. Overriding the laws of more permissive states.

[Buckeyeblue]

26. Fertilized egg personhood constitutional amendment

Every miscarriage will require a medical inquiry and potentially be a homicide.

[Mariana]

39. Abortion will still be legal under some states' laws.

They'll still be able to campaign to ban it outright, on the Federal level.

[11 Bravo]

41. My thoughts exactly. Will they be like the dog that finally caught the car?

Oops, now what?

[ChoppinBroccoli]

4. My Big Question Is This

After abortion is outlawed, and it does NOTHING to end abortions OR bring about any of the social changes religious wackos keep insisting it will..............what then? This is going to blow up in their faces. Just like Prohibition. And when abortion is no longer legal, how will Republicans fleece money out of religious nut-jobs? I bet their fundraising will take a significant hit too. They have no idea what's about to happen when they finally get what they've been wanting for 50 years. They will be the proverbial dog who caught the car.

[Claire Oh Nette]

32. When daughters of the Sotuh

and 17 year old young republican women start dying, we'll refight the same battles our grandmothers did, again.

We do have a right to privacy within our pants. Autonomy.

I email Tillis and Burr and Cawthorn every time I have sex with my husband, since it's their business.

White men writing laws which will never apply to themselves. Seems like hearsay to me.

[dsc]

33. you must be under the delusion that rich white southerners will

refrain from flying to New York, Illinois, or California to get abortions. The only southerners who will be dying will be poor non white ones about which the GOP doesn't care.

[Claire Oh Nette]

35. Uh, no...

The ones who aren't rich, but aren't poor. The same upstanding daughters who were forced to relinquish children to adoption in the 50s and 60s when that was a permanent solution to a temporary crisis.

Kind of like the Opioid problem only began to matter when middle class white kids started to OD.

They lost gay marriage, and I don't know that fear of the very small percentage of trans children using bathrooms will be enough of a wedge issue.

[dsc]

37. abortions laws were restrictive all over back then

now you will have big blue cities with no or few restrictions in many states (California, Illinois, New York) and travel they will.

[Claire Oh Nette]

38. RIght.

And middle class girls in trouble went away.
Their families paid social workers to give their often very much wanted children away. That market dried up after Roe.

As a baby scoop era adoptee, and a woman with a rare heart attack at 24 "typically fatal in labor and delivery," who has had to make difficult decisions about pregnancy, I'm going to speak from lived reality.

It's not the rich, it's not the poor. The great unwashed middle isn't going to like when their daughters are dead from desperation.

Gruesome as it is, maybe we need to bring back the symbol of the coat hanger.

[LeftInTX]

36. guns, guns, and more guns

The police, jim crow

They will cook up something.....

[DemocratSinceBirth]

5. "Abortion should be safe,legal, and rare."

Women of means will always be able to get abortions. A ban cruelly targets the poor.

[WhiskeyGrinder]

7. The "safe, legal, rare" framing is outdated because it actually stigmatizes abortion.

"Rare" is meaningless and implies people shouldn't be getting abortions, when they absolutely should be if they want or need them. Abortions are fine. People should be able to access them freely and on demand.

[roamer65]

10. Abortions should be safe and legal.

It is a woman’s right to choose it, even as a method of birth control.

[Claire Oh Nette]

19. Women's reproductive health shouldn't be up for a vote.

Why RU-486 abortion pill and telemedicine is so important.
Why pharmacists can STFU and dispense as written.

[roamer65]

24. Bingo.

[Funtatlaguy]

6. The thing that the anti abortion people never face is the punishment question.

If Roe is overturned, then what?
The Doctor that performs the abortion is only doing a medical procedure that the woman is paying him to do.
So, using their logic, both the doctor and the mother are “murderers”.
You can not only “punish” the person that performed the abortion but not “punish” the person that sought out and paid the doctor.

This argument ALWAYS stumps the anti choice crowd when I use it.
They usually don’t know what to say other than they don’t want to punish the “Mother” but only the Doctor.

[tenderfoot]

8. Women of means and mistresses of men of means will ALWAYS have access to safe abortions.

ALWAYS.

[brooklynite]

9. Heard a different perspective at a symposium on the Supreme Court today...

The Court picked a case with a 15 week ban, rather than wait for a more restrictive regulation making its way through the Courts. More likely a whittling of abortion rights rather then overturning Roe.

[joshcryer]

13. They will likely come back to "viability."

And set harder limits to viability (technology has advanced). There will probably be some hogwash in there. A fetus before 22 weeks is just not going to make it with current methods.

But they will also signal to the religious groups to work on extogenesis; making technology for fetal survival outside of the womb at any fetal development stage.

Once that is signaled expect this to be developed quickly (we can already grow lambs in bags). And Roe will finally be banned outright.

It will be interesting to see conservatives arguing for stem cell research and IVF in order to achieve this goal. They don't have to provide a support system for women to have zygotes removed, they don't even have to establish such a system could exist, only that it could and then Roe is banned.

[roamer65]

11. If they uphold the MS law, then that means there will be a 15 week "window" in MS.

Correct?

Sounds like women should stock up on Plan B in MS.

[NoMoreRepugs]

12. 6 of 9 SCOTUS justices are Catholic. Country is 20-22%

Catholic..... hmmmmmm.

[WarGamer]

20. They said the same about a Catholic POTUS in 1960

[JustABozoOnThisBus]

25. Isn't it 7 of 9? Sotomayor is, however, reliably "Democratic". nt

[WarGamer]

18. I just have a feeling that SCOTUS will uphold the lower court.

I think only Thomas and Alito will rule against the lower Court.

I think the newer 3 want to prove their moderate status.

[Johnny2X2X]

27. I agree

I think Gorsuch or Kavanaugh may uphold Roe, the meltdown from the Right if they do will be epic.

[WarGamer]

40. I just have a feeling that Barf, Handmaiden and GoodHair will all uphold it.

It'll be a 7-2 smackdown of the anti-choicers.

[bamagal62]

22. This whole thing puts my stomach in knots.

[marie999]

34. So the law will allow "babies" to be murdered if they have any abnormalities.

How does that work if according to them a "baby" is a human being at conception?