I was about halfway through writing a rant about why the Republicans are so scared of Critical Race Theory (and why CRT is real and important) when the Alito SCOTUS opinion was leaked. THAT takes precedence.
Assuming that the Alito draft becomes the majority opinion, that means the federally protected right to abortion goes away. In practice, this means that the legality of abortion will be determined by the individual state legislatures. According to NBC News, 30 states will restrict abortion rights or not protect them (including 20 that will outright ban abortion) leaving 20 states that will protect abortion rights. Matching this up against the 2020 census, only 41% of the population will have abortion rights fully protected.
This would be in the face of polls that indicate up to 70% of Americans want abortion rights protected (The Independent UK) while a Washington Post poll conducted right after the Alito draft leak indicated that people want Roe v Wade upheld by a margin of 2 to 1 (54% vs 28%).
Be afraid, be very afraid.
First, be afraid because we now have proof that three of the 9 Supreme Court justices lied under oath when they told Congress that Roe v. Wade was “settled law.” Think about it….Supreme Court Justices committing perjury. That is in addition to Clarence Thomas, who not only likely lied under oath regarding Anita Hill, but also failed to recuse himself from Supreme Court decisions that were impacted by his wife’s activities and support for the January 6 insurrection.
Second, While many “slippery slope” arguments are specious, this one is not. That is because our current SCOTUS appears headed right back towards the 1850s with a ‘states’ rights’ argument. With that argument, a whole host of “settled law” becomes at risk, notably rights allowing:
- Contraception (Griswold v. Connecticut, 381 U.S. 479 (1965))
- Same Sex Marriage (Obergefell v. Hodges, 576 U.S. 644 (2015))
- Sodomy (Lawrence v. Texas, 539 U.S. 558 (2003))
- Racial Intermarriage (Loving v. Virginia (1967)
- Sex Discrimination (17-1618 Bostock v. Clayton County (2020))
- Sexual Harassment in Schools (Franklin v. Gwinnet County Public Schools, 503 U.S. 60 (1992))
- Voting Rights (already being dismantled – Shelby County v. Holder, 570 U.S. 529 (2013)
That’s just the short list.
The ‘states’ rights’ argument was used to suppress the rights of African Americans. This Supreme Court is on the road to doing the same for sex acts (both straight and gay), marriage rights, LBGTQ+ rights, women’s rights, and more. And we haven’t yet scratched the surface of things like what really constitutes the separation of church and state, prayer in school, coaches using authority and peer pressure for kids to pray on the field, what subjects can be taught in school, and who can express love for whom, among many others.
Be afraid, be very afraid.
So, what can you do about this?
- Vote. Vote the bastards out so that Congress can then pass common sense legislation that enshrines these rights as law.
- Vote. Ensure that the current crop of Trumpophiles and “win at any cost” hypocrites in the image of Kevin McCarthy, Ron DeSantis, and Mitch McConnell do not become President of the United States.
- Immediately support the investigation of the three latest Supreme Court appointees who clearly lied under oath when they said that Roe v. Wade was “settled law.”
- Write your Representative and Senator to ascertain whether Clarence Thomas colluded with his wife in supporting the January 6 insurrection. Write them once a week.
“The only thing necessary for the triumph of evil is for good people to do nothing,”