So, what’s my opinion about abortion? Well, I’ll tell you what. It doesn’t matter. First, I have no intention to do any more reproduction. Second, as romantically involved as I’d love to become, I’m afraid I’ve forgotten how. And most important, the only people, whose opinions do matter, are pregnant women, and then, only insofar as their own bodies are concerned. However, I will share the opinion that a woman’s right to choose is under assault by the Republican Party like never before.
Abortion is still technically legal in America, but more than 19 million U.S. women live in areas with less than one health center or provider for every 1,000 women in need. This is largely because clinics have been hindered by Targeted restrictions on abortion providers (TRAP), which limit abortion access by forcing clinics to comply with absurd rules that are cumbersome and medically unnecessary. This obvious targeting of abortion providers, which has undoubtedly contributed to 275 abortion clinics closing since 2013, begs the question: If the constitution really does protect a woman’s right to choose, how can lawmakers get away with these blatant attacks on choice?
The 1973 Roe v. Wade decision, which affirmed a woman’s right to choose, is often referred to as “the law of the land.” However, it’s actually a Supreme Court decision, not a law, and that distinction is incredibly important. As Trump politicizes the court with his promise to appoint anti-Roe justices, the ruling is vulnerable. As writer Megan McArdle put it, “what the Supreme Court gives, the Supreme Court can take away.” To make matters worse, Roe is already built on shaky ground. The 1965 case Griswold v. Connecticut, which provided the precedent for Roe, concluded that bans on using contraception are unconstitutional because of a right to privacy, as implied by an amalgamation of constitutional amendments. For Roe v. Wade, the justices decided that if the right to privacy supports the right to contraception, it should apply to abortion as well. As journalist Adam Liptak describes on The Daily, Roe’s lawyers believed it was too soon to argue for reproductive rights on the basis of equality, forcing their argument to rest, instead, on a right that isn’t explicitly stated in the Constitution. Ironically, the argument that won Roe v. Wade also made the decision especially precarious.
Roe came under further attack in the 1992 Planned Parenthood v. Casey decision, which allowed states to regulate abortion before viability with one stipulation: these regulations can’t place “undue burden” on the woman. Unfortunately, the decision fails to define what “undue burden” means, allowing legal wiggle room for the TRAP laws of today. Anti-choice activists have capitalized on this vulnerability by using the loopholes created in Casey to pass legislation that has limited clinics or forced them to close by imposing ridiculous requirements on them. Take, for example, the last abortion clinic in Missouri, which is currently hanging on by a thread because the state government refuses to renew its licensing. The intention of these laws is ultimately to have them challenged in the courts until a case reaches the Supreme Court, presenting the justices with a clear opportunity to overturn Roe.
If the U.S. wants to truly solidify the right to an abortion, therefore, we have to codify Roe as the actual law of the land. This would protect the right to choose from the shifting politics of the Supreme Court and severely limit a state’s ability to restrict abortion. It would also move repealing Roe into the hands of Congress and an electorate where 77% of people oppose overturning Roe…
Inserted from <Women’s Media Center>
Please click through for the rest of this fine article.
Rachel Maddow covered this issue in three segments. In the first, she covers the history of Republican hate and violence against abortion.
Violence, Threats Have Marked Anti-Abortion Protest Since Day One
In the second, she covers the TRAP laws Republicans are currently using in their war on women.
Abortion Clinics Face Down Myriad Pressures To Remain Open
She closes with a dire warning!
Trump/McConnell Supreme Court Poses New Threat To Roe V. Wade
The Republican Reich must be stopped before THIS happens AGAIN!
RESIST!!
