Odor In the Court

I know a man . . . he came from my hometown . . .. These are the very words he uses for what's going down . . ..

"[Roe v. Wade] was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, [Roe v. Wade] and [Planned Parenthood v. Casey] have enflamed debate and deepened division . . ..  We hold that Roe and Casey must be overruled.  It is time to heed the Constitution and return the issue of abortion to the people's elected representatives."

Thus spake Supreme Court Justice Samuel Alito, Jr., of my hometown in New Jersey, in his draft opinion on Dobbs vs. Jackson Women's Health Organization, which will likely obliterate a woman's right to abortion on the basis of the lack of a constitutional right to privacy.  This was despite his assurances when he first joined the Court in 2006.  This decision even surpasses his deciding vote in the Citizens United decision of 2010 that recognized corporations as people and money as free speech.

When this opinion gets handed down, it will likely be toned down, but the effect will be no different.  Abortion will be legal in only a few states, not all of them, and a Republican Congress and a Republican President as early as 2025 will no doubt criminalize abortion nationwide, with no exceptions for rape or incest - after the filibuster is done away with. 

And how many other countries have completely outlawed abortion?  About a couple dozen - mostly in Africa and Latin America.  European countries? One - Andorra, a country between Spain and France, which is so small the Rhode Island state militia could invade and occupy it in an hour.

The draft opinion was leaked in a breach of protocol that keeps Supreme Court drafts private, even as the right to privacy is, ironically, in jeopardy.  MSNBC's Lawrence O'Donnell interestingly pointed out that while Congress routinely puts out drafts of bills in progress, the Supreme Court - which apparently writes first drafts by painting them with broad brushes of dismissive language - refuses to be transparent. Chief Justice John Roberts, who loves the Court and his open to a ruling that preserves legalized abortion but allows for some restrictions - has demanded an investigation into the leak.  Too little, too late; this draft shows how reckless the justices can be in private and are.

And if the right to privacy is nullified through this ruling, what other rights could fall by the wayside?  Gay marriage? Interracial marriage?  If women in states where abortion is outlawed can't travel to states where it's legal to get one, the lack of the right to travel could be applied to anyone trying to leave the country once Trump comes back and establishes der Amerikanisches Reich.

The Democrats expect abortion to be a major issue that improves their chances in the 2022 midterms.  Uh, no, it won't be.  Yes, I still think it.  Inflation and the economy will remain the biggest issues going into November.  Abortion won't even make a distant third place - not as long as immigration and COVID remain potent issues.  The problem is that not enough Democrats and independents who are motivated by the overturning of Roe will tip the balance for Democratic candidates, and besides, the people most likely to vote on abortion are . . . pro-lifers.

Of course, if I had a black wife and we were having trouble making ends meet, we, knowing that our marriage could be nullified by a Supreme Court ruling, wouldn't likely base our electoral choices on the economy.