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Our Best Argument for Abortion Rights ... I think [1]

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Date: 2022-09-12

They got it right the first time ...

I believe we’re all missing something very important here, although I can’t say this with much confidence. I have been arguing that a ban on elective abortion is unconstitutional since it violates the Establlishment Clause (it enforces a religious ethic). Most of my comment have been on WaPo, almost all like-minded people, but nobody seems to be saying “a-ha!”. This makes me wonder what I’m missing here.

I think people are pessimistic about this argument in front of the court that overturned Roe. But keep in mind that this does not mean the SC has adjudicated a complete ban implemented by a state. The assumption might be that they will reject the Establishment Clause argument, and it would be little surprise if their reasoning were flimsy (not all religious people oppose abortion, there is compelling state interest in protecting ‘potential life’, etc.) but I think we have to make the argument based on the simple fact that we all see for ourselves what the motivation to end abortion is, and no legalistic arguments are going to convince us otherwise.

I assumed after Roe was overturned that someone in a state with a new complete ban who wanted an elective abortion would sue in the highest court she could while still having standing. It has not happened. I don’t get it. And the most bizarre thing is that abortion rights supporters everywhere know that this is all religiously motivated, and part of a wider pattern of a desire to impose the moral code of a minority on the nation (crosshairs on gay marriage).

Abortion bans elevate religious texts and beliefs to a position of legal authority. I don’t recognize that authority, and the Constitution says I don’t have to.

Take this back to court. Argue church/state. It’s been the most relevant argument from day one.

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[1] Url: https://www.dailykos.com/stories/2022/9/12/2122442/-Our-Best-Argument-for-Abortion-Rights-I-think

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