Tag Archives: Roe v. Wade

SCOTUS might spur political uprising

The U.S. Supreme Court’s stunning decision announced today that tosses aside a long-settled law enabling women to obtain legal abortions well could create a midterm campaign issue for the ages.

Or … it might fizzle out like warmed-over soda pop.

The court ruled 6-3 that the Constitution does not guarantee a woman’s right to an abortion, which was the basis for the1973 Roe v. Wade ruling that legalized the procedure in the United States.

Conservatives are joyous at the ruling. The rest of us? Well … we’re not.

The midterm election now could hang on whether enough voters are concerned enough to elect members of Congress, governors and state legislators who believe that women have a right to terminate a pregnancy.

My hope is that it does energize the electorate. That it does stem the so-called “red wave” that threatens to sweep Democrats out of control in Congress. That it does elect state legislators and governors in states that already have dropped the hammer on hapless women who now no longer can obtain an abortion legally.

The consequences of this decision are far-reaching and frightening to many women across the land. It won’t end abortion. It only makes it more dangerous as desperate women seek them. What then? Who cares for women whose bodies are devastated by botched procedures?

We hear it said over and over: that “elections have consequences.” We now are paying for the travesty that occurred in 2016 when Donald J. Trump slithered his way into the White House and — with the help of a GOP majority in the Senate — managed to get three individuals confirmed to the SCOTUS.

The right-wing cabal on the high court has set the cause of women’s rights back for decades to come. It now falls on the rest of us to ensure that our ballots count in this year’s midterm election … and beyond.

johnkanelis_92@hotmail.com

SCOTUS strikes down Roe … let the fight commence

Whatever crap you might hear from this day forward about how conservatives will not tolerate “judicial activism” or “legislating from the bench,” think of this day when the Supreme Court did exactly that with its decision striking down a woman’s constitutional right to obtain an abortion.

The U.S. Constitution, said the court in a 6-3 ruling, does not guarantee a woman’s right to an abortion, and it now hands the issue over to the states to decide individually.

This is a dark day in American judicial history.

The SCOTUS has struck down the landmark 1973 Roe v. Wade ruling that declared women had a right under the Constitution to terminate a pregnancy. Previous court rulings had upheld that right.

No longer. The Supreme Court, with its super-conservative majority, has acted in a fashion that used to be anathema to judicial and political conservatives. It has exercised extreme judicial activism in tossing aside what had been considered “settled law.”

Didn’t conservatives once frown on such activism? Didn’t they excoriate progressive judges for crossing that line?

Roughly half the states already have laws on the books that will now take effect. They will make abortion illegal. In Texas, for example, doctors can be charged with felony crimes and sentenced to decades in prison if they perform an abortion. Texas even allows its residents to reap bounties if they tattle on their neighbors who they know have obtained an abortion.

It might not stop with just criminalizing abortion. There well might efforts to overturn other SCOTUS decisions legalizing gay marriage, which the court has ruled is protected under the Equal Protection clause in the 14th Amendment.

Does this hideous decision end abortion? Hardly. Women will continue to terminate their pregnancy, even if it puts them in serious — possibly mortal — danger.

The Supreme Court, moreover, has just furthered the cause of conservative judicial activism. Those on the right-wing fringe, therefore, can spare me the highly dubious argument that the court merely called “balls and strikes” from the bench.

Oh, no! It weighed in with a ruling that denies women a basic right that had been protected under settled law … and the U.S. Constitution.

johnkanelis_92@hotmail.com

GOP embraces judicial activism

Republicans have done what I once thought was virtually impossible, that they would embrace a policy of judicial activism, that they would welcome judges who would, as they used to say, “legislate from the bench.”

We are witnessing — possibly — a case of judicial activism play out as the Supreme Court nears a decision on whether to toss aside what most of the court’s justice have called “settled law.” That would be the Roe v. Wade ruling handed down in 1973 that makes abortion legal in the United States.

Do you see it happening? Of course you do! The whole world is now aware of a draft opinion that suggests that Roe v. Wade isn’t long for this world. If the court follows through on what the draft suggests and tosses Roe into the crapper, then we are going to witness a first-rate case of judicial activism run amok.

The Supreme Court has upheld Roe many times since it became “settled law.” The current court, with its 6-3 super conservative majority, could change all of that.

Let us never forget what Donald Trump pledged when he was elected president in 2016. He said he would “appoint judges who will overturn Roe v. Wade.” In the case of the SCOTUS, he delivered on his promise. Justices Neil Gorsuch, Jeff Kavanaugh and Amy Coney Barrett all must have given Trump some assurance they would follow his lead if he nominated them to the court.

Maureen Dowd: There is just too much church in the state (irishtimes.com)

Didn’t presidents usually refrain from applying these so-called “litmus tests” when looking for federal judges? Imagine the outcry from the right had a president vowed to appoint judges who were avidly pro-choice on abortion.

I guess it’s OK these days to declare your intent and to ensure that judicial candidates would in fact pre-judge cases before hearing the merits.

I won’t ring the death knell for a woman to control her body just yet. Still, I am left to wonder what in the world happened to a political party that once thought that judges shouldn’t “legislate from the bench.” Oh, I know what happened. That party was hijacked and turned into something none of us recognizes.

johnkanelis_92@hotmail.com

SCOTUS loses ‘trust’?

Think of the irony of Supreme Court Justice Clarence Thomas suggesting that the nation’s highest court has lost “trust” because someone leaked a draft document that hints that the court is poised to overturn a landmark ruling that legalized abortion in this country.

Justice Thomas spoke to a judicial conference in Dallas. “When you lose that trust, especially in the institution that I’m in, it changes the institution fundamentally. You begin to look over your shoulder. It’s like kind of an infidelity that you can explain it, but you can’t undo it,” he said.

Wow!

Clarence Thomas says Supreme Court changed by leak of draft abortion opinion (msn.com)

Excuse me for laughing out loud. The court also lost trust when one of its members, Justice Thomas, chose to take part in a ruling involving Donald Trump’s role in the 1/6 insurrection. Ginni Thomas, wife of the justice, is an avid Trumpkin and took part at the start of the demonstration that turned into an assault on our democracy on 1/6.

I believe Thomas should resign from the court. He won’t do the right thing. The next right thing would be to recuse himself from any court matter related to the former POTUS’s effort to overturn the result of the 2020 presidential election. He won’t do that, either.

Oh, no. Instead, he is going to pontificate about the court losing the trust of the people because someone decided to leak a draft opinion that sets up a monumental battle between pro-abortion rights Americans and those who would make it a crime for a woman to decide to terminate a pregnancy.

Trust? Clarence Thomas has no moral standing to talk about whether the Supreme Court has lost it. Whatever loss it has suffered is due largely because of the associate justice himself.

johnkanelis_92@hotmail.com

Biden is MIA over protests

President Biden needs to step up and issue some stern words of condemnation for those who are threatening bodily harm to Supreme Court justices over their draft opinion on Roe v. Wade.

You know the story by now. Someone leaked a draft opinion stating that the court could overturn the landmark abortion-rights ruling later this year. It has prompted stern and passionate push back from those who want to see the 1973 ruling stand as written.

They have marched in front of the home of the author of the draft document, Justice Samuel Alito, and some protestors have said out loud that physical harm should come to Alito and other conservatives on the court.

Hold on, here! I join them in their anger over the draft opinion. I part company over the calls for violence. So should President Biden, who sadly hasn’t said anything publicly about language coming from some of the protestors.

As we have learned painfully from the horrific events of 1/6, words do matter.

johnkanelis_92@hotmail.com

Don’t pack SCOTUS!

The infamous Roe v. Wade draft opinion that leaked out of the Supreme Court has prompted progressives to call for a SCOTUS “reform” that would add justices to the nine-justice panel.

Let’s take a breath for a moment.

I, too, am appalled at what the draft opinion suggests, that the landmark abortion legalization ruling is likely to be overturned in a formal court opinion to be issued in June or July.

However, I happen to oppose the idea of packing the nation’s highest court more justices. It is a knee-jerk reaction that, in truth, isn’t likely to be approved by the current Congress.

President Franklin Roosevelt floated the idea in the 1930s. Court packing was as unpopular then as it appears to be now.

I am a believer in precedent. Overturning Roe would violate the court’s policy of letting “settled law” stand. Moreover, it would constitute judicial activism that conservatives say they oppose.

But do we really want to take a drastic step such as the one being pitched now to expand the ranks of the SCOTUS? Those who want to pack the court point to the possibility that other rulings — such as the decision to allow same-sex marriage — might be wiped out.

A more rational approach would be to elect congressmen and women more to the liking of those who are appalled at the draft opinion. Over time, there could be sufficient pressure applied to Congress and to the courts to keep their mitts off issues that should be allowed to stand as they were delivered.

Pack the court? Now? No.

johnkanelis_92@hotmail.com

Reactions to leak tell us plenty

Could there be a more graphic illustration of the differences between the two major American political parties than their reaction to the leak of a draft opinion regarding the probable fate of Roe v. Wade?

Someone on the U.S. Supreme Court staff likely leaked the document to Politico, which then revealed it to the world. The draft, written by Justice Samuel Alito, suggests the court is ready to overturn the landmark January 1973 ruling that legalized abortion in the United States.

Conservatives have hailed the opinion. Liberals (such as me, your friendly blogger) have condemned it.

The back-story reaction, though, is most telling. Conservatives want the leaker’s head on a platter. It’s the thought that someone would violate the court’s privacy that has the right-wingers all worked up. Liberals, meanwhile, are less concerned about the leak than the contents of the opinion. I’m on the libs’ side.

Of course, I was surprised that it became known via a leaked document. It’s never happened before.

But, geez, there weren’t any national secrets revealed! Indeed, the privacy invasion strikes many of us as ironic, given that the SCOTUS’s conservative majority doesn’t seem at all concerned about a woman’s privacy in determining whether to end a pregnancy. But leak a draft document? The world is coming to an end!

I realize this is just one example of the chasm that divides the two major parties. It’s just too damn bizarre to ignore.

johnkanelis_92@hotmail.com

RBG spoke wisely

God bless the memory of the late Justice Ruth Bader Ginsburg.

The nation is beating itself senseless over a leaked draft opinion from the U.S. Supreme Court that proposes to do the very thing that Justice Ginsburg feared.

The opinion suggests the court should toss aside Roe v. Wade, the ruling that legalized abortion in January 1973. Doing so, I fear, would turn women into “less than a fully adult human responsible for her own choices.”

The fight has commenced. The U.S. Senate will vote next Wednesday on legislation that provides federal protection for those seeking an abortion. It isn’t likely to pass, given the Republicans’ strategy to filibuster the bill. Since it takes 60 votes in the Senate to end a filibuster, such a move is virtually doomed in a 50-50 Senate.

Senate Majority Leader Chuck Schumer, though, wants to put his GOP colleagues on the record in opposing granting women the right to control their own bodies. Go for it, Mr. Leader.

Justice Ginsburg would be proud

johnkanelis_92@hotmail.com

‘Pro-choice’ is not ‘pro-abortion’

Pay attention, folks, because I have something to declare to you that needs to be said.

I am appalled at the draft opinion from the U.S. Supreme Court that suggests that the court is ready to overturn Roe v. Wade, the 1973 landmark ruling that legalized abortion in the United States. I am less concerned about the source of the leak and more concerned — indeed fearful — of the contents of the draft opinion.

My declaration is this: My pro-choice position on abortion does not make me pro-abortion.

I hope we are clear on that. You see, my concern about what the SCOTUS might do deals with the intent to deny women the right to govern their own lives, their own bodies and deny them the right to make painful decisions.

The court appears to be leaning toward giving that authority to sanctimonious legislators in states that want to ban abortion, only excepting pregnancies that put the mothers’ lives in danger. Rape victims? Or those who are impregnated by a family member? Forget about it! They have to remain pregnant for the full term and then give birth to a child.

The trend is being set in states everywhere. Republican-led legislatures are set to pounce on what the SCOTUS might decide in a few weeks when its term ends. They will enact what they call “trigger laws” that take effect if the court tosses Roe v. Wade aside.

Only women who are pregnant should be able to make these decisions. They can consult with their loved ones, their clergy, their physician. Indeed, the idea that is being kicked around to make receiving an abortion a felony is beyond belief.

Could I counsel a woman to get an abortion? No. I could not do such a thing. That, moreover, is not even close to my call.

If the high court goes through what the draft opinion suggests, then women all over this nation are going to face a dark and frightening future.

They deserve the right to make these difficult choices on their own.

johnkanelis_92@hotmail.com

Have we awakened?

Hands down, there can be no doubt that abortion is the most contentious issue of our time, which makes me wonder whether the infamous leaked draft opinion from the U.S. Supreme Court has awakened Americans to the right of women to control their bodies.

The draft document recommends that Roe v. Wade, the landmark 1973 court ruling that legalized abortion, be overturned.

The question is worth asking. Does this draft energize Americans? Does it make them force Congress to enact a law that codifies abortion, giving the procedure federal protection? Does it prod Americans to act in a way that countless lives lost to gun violence couldn’t?

I admit to having a sliver of doubt. My hope, though, is that Americans — namely women across the land — will stand and fight for their right to determine whether to carry a pregnancy to birth.

They are rallying all over the nation. In Dallas tonight, thousands of Texas residents are marching downtown to protest the draft opinion. The draft document is not law. We won’t know how the court rules until the summer, when the court term ends.

The draft opinion, written by conservative Justice Samuel Alito, gives us a clear and present hint on how the court is tilting.

I want to add as well that every public opinion poll I’ve seen tells us that a solid majority of Americans believe that women deserve the right to make these gut-wrenching decisions for themselves, that they oppose (mostly male) legislators making them.

Let the alarm bells keep ringing.

johnkanelis_92@hotmail.com