Tag Archives: abortion

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

Public policy = taxation

Here’s a thought I want to share: If religious organizations are going to bully public officials into following certain policy positions, then they need to be taxed liked any other business.

The San Francisco Catholic Archdiocese has declared its intention to deny House Speaker Nancy Pelosi — a devout Catholic — communion because of her pro-choice stance on abortion.

Hold on!

Pelosi’s position on abortion is well-known and has been reported on since before she became a member of Congress. The SF archdiocese, though, has sniffed out an opportunity to make some extra hay over the issue because of that draft Supreme Court opinion that suggests the court is set to overturn the Roe v. Wade abortion decision.

Speaker Pelosi shouldn’t be denied a sacred religious sacrament because of a public policy dispute she might have with the leaders of the church of which she has been a lifelong member.

I should point out, too, that members of Congress, as do virtually members of the federal government, take oaths of loyalty to the Constitution, not to the Bible or any other holy book. The last time I checked, which wasn’t long ago, I determined for the umpteenth time that the Constitution is a secular document.

The Church is treading on a slippery and dangerous slope by denying the speaker the opportunity to partake in holy communion.

But if the Church is allowed to get away with this kind of bullying, then there needs to be a serious debate and a decision on requiring religious organizations to share in the tax burden that falls on the rest of us.

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

Words to live by

I shall be brief, but whoever wrote this message that showed up on my social media feed today deserves a high-five, an atta boy/girl, and some extra Brownie points for just being so damn spot on!

The sanctimonious among us just piss me off to no end. They seek to legislate sexual behavior, morality, whether women should remain pregnant. They tell us we live in a “Christian nation” when we clearly, categorically and without a shadow of a doubt do not; if they read the Constitution — which I have done countless times over my life — they would know that.

There. I’m done with this one. Thanks to whomever penned these words.

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

Here is the consequence

Donald J. Trump told us brazenly before his term as president and during it as well, that “elections have consequences.”

We are now witnessing how those consequences play out.

The U.S. Supreme Court has just confirmed that a draft opinion was leaked to Politico in which the justices in a narrow 5-4 poll among them have determined that Roe v. Wade should be overturned. If the draft opinion becomes law, then we can say “goodbye” to a woman’s right to end a pregnancy.

The consequence occurred when Trump was able to nominate and win confirmation by the Senate of three justices.

First came Neil Gorsuch, whom Trump nominated after Senate GOP leader Mitch McConnell blocked President Obama’s nomination in 2016 of Merrick Garland to succeed the late Justice Antonin Scalia. Trump won the election that year and McConnell then paved the way for a Senate confirmation.

Then came Brett Kavanaugh, whom Trump nominated to succeed the retiring Justice Anthony Kennedy.

Finally, we saw the confirmation of Amy Coney Barrett, whom Trump nominated just weeks before the 2020 election to succeed the late Justice Ruth Bader Ginsburg.

Trump told the nation he wanted to end Roe v. Wade. He said he would select justices who would follow his edict. So much for judicial independence, eh?

All of this serves to remind Americans concerned about the power of presidential appointments to the federal bench. This is a consequence of a presidential election that give many millions of Americans cause to worry about our nation’s future.

johnkanelis_92@hotmail.com