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She calls them “drunk on God.” I think, on something else. Never forget that the same religion now seeking to comprehensively control women’s bodies believed that God granted them slaves to own. They also believe God granted them women to own. This is about human property.
No less than the humanity of women is at issue. Let’s say that creative minds on the Court reframe Roe that way - jettisoning the much-reviled privacy and trimester framework, replacing with right of bodily integrity and control for every person.
Both sides get their way (sort of) - Roe overruled, but replaced with better, stronger legal framework that makes abortion permanently legal and available nationwide, with the decision between a woman and her doctor, always.
The nonlawyers think I’m nuts. The lawyers don’t.
The nonlawyers think I’m nuts. The lawyers don’t.
As the Lithwick article discusses, prior chip-away precedents on abortion were framed on ACCEPTANCE of Roe as the framework. Once you recognize that, you also see how Roe’s a weak framework. Bodily autonomy? Much better.
No more weak balancing test.
But could this happen?
No more weak balancing test.
But could this happen?
Let’s take roll. Ginsburg, Breyer, Kagan, Sotomayor are core. I see either Roberts or Gorsuch as the 5th, and weirdly but possibly, Thomas.
Frame in bodily autonomy. Did it work to give each state the right to decide whether it was OK to control a person’s body for slavery?
Frame in bodily autonomy. Did it work to give each state the right to decide whether it was OK to control a person’s body for slavery?
If you study not just outcomes of their votes/opinions, but their expressed philosophies leading to them, all 3 of those justices have expressed individual freedom and limits-on-government-intervention arguments that COULD support improved Roe 2.0 framed on my body, my choice.
What’s the likelihood we persuade all three? (Roberts, Gorsuch, Thomas)? Slim, but non-zero. But we ONLY NEED ONE.
Kavanaugh’s a bought mob guy, Ailto’s a theocracy guy, so they’ll be in whatever stinging dissent gets written. But take heart, ladies and woke gents - I see the distinct possibility of the dawn of Roe 2.0, better, stronger, faster, harder. Harder to chip away.
And when you’ve states like Ala/Geo with laws that imprison women and doctors, force 11 year olds to die birthing the children white Christian daddies raped into them, etc., you have the most favorable possible framework for my Roe 2.0 new dawn.
Is GOP dumb? Some are, some not.
Is GOP dumb? Some are, some not.
Popular opinion is HIGHLY in favor of legal abortion, even in GOP’s core former confederacy. And we saw hotly contested Dem inroads within that core - elections that the GOP quite obviously had to cheat to win, even if they haven’t been caught quite yet.
The GOP has two ways to avoid complete disappearance:
1) Keep cheating, improve the cheating, get away with it.
2) Become more popular.
So weirdly, these highly-unpopular laws that actually force a BETTER Roe may be the party’s last gasp survival choice.
Choice.
1) Keep cheating, improve the cheating, get away with it.
2) Become more popular.
So weirdly, these highly-unpopular laws that actually force a BETTER Roe may be the party’s last gasp survival choice.
Choice.
