In a striking blow to women's rights, on December 10th 2021, the Supreme Court of the United States let stand a Texas law that allows private citizens to sue any abortion provider. The law does not recognize rape or incest. So, in theory, if a young woman becomes pregnant from a rape, and has an abortion, her bible clutching neighbor could then sue the provider. The only saving grace in the by the ultra-conservative court is that providers can seek relief in federal court regarding the legality of the law.
Let's get a few things clear about the law. It was clearly written without the consolation of medical professionals. The law states that an abortion cannot take place after six weeks, which biologically, well before a woman may ever know she's pregnant. The law runs afoul of Roe V. Wade, which required 24 weeks. The effects in Texas were clear after the law went into effect. Those with the means were able to travel over state lines into friendly states and have their abortion. Those who could not afford to do that were essentially left with no options. Needless to say, one can easily summarize the thinking, and prejudices of those that crafted the law.
Justice Roberts had one of the most clear moments who he stated that the Texas Law essentially chills Roe V. wade because of what he aptly pointed out "providers are not attempting to carry out abortions because of draconian penalties." At least Roberts had the steel to aptly comment on the effect of the law. Justices Kavanaugh and Barrett punted when it came to recognizing that, instead they ruled to what the base of the party that helped them achieve those seats would expect them to, and virtually ignored Justice Roberts' warning.
For those of you wondering where I stand on this issue, I fully stand behind a women's right to an abortion. It's her body, her choice, right? After all, isn't that the same argument that we've heard from the anti-mask crowd? Many of whom talk out of both sides of their mouths advocating for government control over what a woman can do with her body, while crying repression over a mask. Do I feel that the anti-abortion crowd feels that women are still chattel? I honestly feel that some do, hanging on to the misguided and antiquated notions that a woman should breed and not be seen. Many people whose viewpoints rest in their religious beliefs, as they feel life be God's decree is sacred. Well, even a casual read of the bible proves that not to be true, because God killed people whenever it struck his fancy. Personally, I see the Texas law, S.B. 8 as one of the most repressive laws passed in the 21st century.
When all is said and done, we could be looking at an unexpected fallout. Women of all ages could find themselves having to travel state borders in order to get an abortion. Those unlucky souls may entrust their lives to quacks, or medical school dropouts, which could have deadly results. And I fear that those women would be cast as law breakers with cold, and heartless efficacy. Instead of calling them what they truly would be, victims. And the fallout will be left to those that so passionately pushed their agenda in hopes of "saving the unborn" will find their path to righteousness blocked and littered with the bodies of the women who died as result.
The era of Trump ushered in a new and most dangerous movement. One that has sought to roll back almost evert civil rights achievement from the 20th century. Their quest to install a poll tax carefully disguised as a "voter I.D." has gained steam thanks to clever marketing. Now they've ventured into more dangerous waters. A reversal of Roe V. Wade is a step back for women's right, don't let anyone tell you any different. Now we've had a state that adopted a law that encourages private citizens, who's otherwise have no stake nor standing, sue a medical professional for doing a constitutionally protected medical procedure. Something that can only serve to cause more logjam in a judicial system that is already suffering from bag logs. The effect this will have on the system, that thanks to a law that allows suits to cross state borders, will have an effect that only those blind to it cannot see.
So, setting aside lawsuits, the questions before us is, how long and how many? How many women have to die before this law is proven to be misguided? And how long must these innocent and preventable deaths go on before a change is made, and those that backed it are proven wrong? Remember the cautionary tale of my earlier blog. That's telling you where this will lead. And I say it not for shock value or to speak from hyperbole. History tells us, history is screaming from the top of her lungs that story could come true. We just need to open our ears and listen.
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