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Judi Lynn

(160,515 posts)
Thu May 19, 2022, 06:47 AM May 2022

Ending Roe v Wade is just the beginning

Thomas Zimmer

Conservatives are animated by a vision of 1950s-style white Christian patriarchal dominance – it is the only order they will accept for America

Thu 19 May 2022 06.24 EDT

The supreme court is set to overturn Roe v Wade, this much has been clear since a draft opinion authored by Justice Samuel Alito was leaked earlier this month. An attempt to safeguard abortion rights via national legislation was blocked by a united front of Republicans plus Democrat Joe Manchin in the Senate last week. As a result, we must expect abortion to be banned in roughly half the country soon.

It is very hard to overstate how significant this moment is. The US is about to join the very short list of countries that have restricted existing abortion rights since the 1990s – the overall trend internationally certainly has been towards a liberalization of abortion laws. And it’s also a basically unique development in US history: while the supreme court has often upheld and codified a discriminatory status quo, it has never actively and officially abolished what had previously been recognized as a constitutionally guaranteed right.

The overturning of Roe v Wade and Planned Parenthood v Casey constitutes the culmination of half a century of conservative legal activism, and rejecting Roe has been a key element of conservative political identity for decades. But the impending end of Roe will still not magically appease the right. Attempts to institute a national ban are likely to follow. The people behind this anti-abortion rights crusade consider abortion murder and the epitome of everything that’s wrong and perverted about liberalism – they will tolerate the right to bodily autonomy in “blue” America for only as long as they absolutely have to.

And the conservative vision for the country goes well beyond outlawing abortion. In his opinion, Justice Samuel Alito rejects the legal underpinnings of many of the post-1960s civil rights extensions that were predicated on a specific interpretation of the 14th amendment. He targets the very idea of a right to privacy, employs an extremely narrow view of “substantive due process” and claims that the 14th amendment protects only those rights not explicitly listed in the constitution that are “deeply rooted in this nation’s history and tradition”. Alito applies an arbitrary standard – one that birth control, marriage equality and even desegregation clearly don’t meet. The fact that he adds a throwaway paragraph claiming that these rights, all based on the very understanding of the 14th amendment Alito so explicitly rejects, are not in danger, shouldn’t put anyone at ease.

More:
https://www.theguardian.com/commentisfree/2022/may/19/ending-roe-v-wade-beginning-conservatives-civil-rights-democracy

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wnylib

(21,417 posts)
6. Absolutely. "Back to the states" is just
Thu May 19, 2022, 12:09 PM
May 2022

a passing excuse for the first step. Fanatics do not stop until they have everything their way.

ancianita

(36,013 posts)
4. That "right to privacy" issue opens the door to totalitarianism. But the 9th should cover ALL
Thu May 19, 2022, 09:07 AM
May 2022

rights not otherwise enumerated in the Constitution.

None of what he argues is constitutional.

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