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Codifying Roe By Itself Is Not Enough To Save a Woman's Right to Choose. We Must Go Further. [1]
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Date: 2022-07-05
This fall as we all know, abortion is on the ballot with many Democrats running on the promise, to use their vote to codify a women’s right to choose into federal law. A move all of us and the rest of the country support. However, in order to truly protect this right, Democrats, I believe, are going to have to go much further than the filibuster carve out and federal law they are proposing.
I see two main reasons why a federal abortion law is not enough and urgent and radical action will be required to save our rights and our country. Those two things are, future election maps and of course—The Radical Supreme Court.
Starting with the court: I’m not a legal expert by any means, but in watching the unchained Id of Clarence Thomas and Samuel Alito run wild these last few months, a few things have become clear to me. The Constitution is pretty well fungible to these maniacs depending on what they want to do.
So to them, no liberties are more sacred, no rights more dear, no principal more important than the rights of the individual state’s to govern themselves free of interference from a tyrannical federal government hell bent on stopping their freedom to control a uterus.
However, these wise justices also know that those state’s rights are only for red states. For blue states they are among the quaintest, silliest and most archaic concepts in the history of government, especially if we are talking about the right of a state to regulate an AR-15 or something far more important than mere lady parts.
As Sotameyer wrote in her dissent on Casey,
“The Court reverses course today for one reason and one reason only: because the composition of this Court has changed.”
Meaning, the conservative justices are feeling free to do whatever they want unconstrained by any notions of precedent or prudence or thinking past the 17th century.
So when the new abortion rights bill passes (Staying optimistic here.) And Texas sues, Arguing that when Yankee Doodle himself wrote the Constitution, he was most concerned that one day the federal government would take away Texas’s constitutional freedom, to deny women freedom, how do you think the court is going to rule?
I’m not feeling optimistic. Look at what they have done recently to the Voting Rights Act. In fact, If they cite themselves and say that Constitutional need to protect “potential life”, must be protected at all costs and uphold that as a right that stops any congressional action on abortion or contraception until the rapture, I wouldn’t exactly be shocked.
The second reason I think Democrats have to go further than what they are proposing is that we are facing a historically bad election map in 2024 but even if we win then, at some point Republicans are going to be in control and I’m going to take a wild stab in the dark and say, that a National Abortion Ban is going to be on their list of priorities. When that happens we need a court with some semblance of sanity and reason.
So in my mind, we can’t let our politicians off with just a promise to codify Roe. We must make them go on record with how they plan to reign in an out of control court. Whether it is by expansion, limiting what the courts are allowed to rule on or some other means.
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https://www.dailykos.com/stories/2022/7/5/2108633/-Codifying-Roe-By-Itself-Is-Not-Enough-To-Save-a-Woman-s-Right-to-Choose-We-Must-Go-Further
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