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Roe V Wade overturned?

Tony L

Administrator
It appears the now clearly far-right US Supreme Court is overturning over 50 years of abortion civil rights campaigning and legislation and returning to the religious dark-ages of misogynistic oppression (Sky). Truly horrific IMHO. Just incomprehensible.

Some detail on Roe v Wade here (Wikipedia) should anyone need it.
 
Some reaction from Good Law Project regarding implications for the UK (Twitter).

PS I’m increasingly coming to the conclusion America is done. It probably needs another civil war to purge the fascists, religious bigots and white supremacists.
 
^^ whatever it is it is not incomprehensible. It was inevitable after Trump stuffed the SC with right-wing hypocrites, so-called Christians like himself.
Be careful what you wish for: the fascists, religious bigots and white supremacists are armed to the teeth. They want this confrontation.
Real civil war has nothing civil about it.
The only silver lining is that it might swing forthcoming elections to the Democrats.
 
It appears the now clearly far-right US Supreme Court is overturning over 50 years of abortion civil rights campaigning and legislation and returning to the religious dark-ages of misogynistic oppression (Sky). Truly horrific IMHO. Just incomprehensible.

Some detail on Roe v Wade here (Wikipedia) should anyone need it.
This case highlights the absurdity of populist politics that sees government as an unnecessary evil when it comes to intervention with the right to make money, carry guns, and oppress minorities, but also see evil in government not intervening to control women
 
^^ whatever it is it is not incomprehensible. It was inevitable after Trump stuffed the SC with right-wing hypocrites, so-called Christians like himself.

As I understand it the relationship between bible belt fundamentalists and Trump was purely transactional : their endorsement in return for this.
 
Some reaction from Good Law Project regarding implications for the UK (Twitter).

PS I’m increasingly coming to the conclusion America is done. It probably needs another civil war to purge the fascists, religious bigots and white supremacists.
The fascists, religious bigots and white supremacists are well armed and well funded and have a popular leadership. They would likely win any civil war.
 
Biden has to change the makeup of the court - the fact the he hasn't yet acted show his weakness.
 
Biden has to change the makeup of the court - the fact the he hasn't yet acted show his weakness.
Think he can't without adding more liberals to outnumber the conservatives? That's the sort of precedent you'd expect from a Republican president, I should think.
 
Biden has to change the makeup of the court - the fact the he hasn't yet acted show his weakness.

Judges are elected for life. Biden would need to change the constitution in order to change the court. And to do that he'd need 2/3rds of the Senate. Or he could shoot a few SC judges.

Edit: 2/3rds of both houses and 3/4 state legislatures.
 
Expansion is his only real option but he's always run scared from the question. The problem is that the College is heavily rigged towards the right wing conservative vote in the rump states.
 
I suppose the issue is that his successors might then do the same and eventually half the population would be SC judges.

It isn't democratic - the republicans consistently lose the popular vote but get to pull the strings most of the time, I don't know when they last won in that sense. The soft Democrats just won't challenge that
 
This case highlights the absurdity of populist politics that sees government as an unnecessary evil when it comes to intervention with the right to make money, carry guns, and oppress minorities, but also see evil in government not intervening to control women

Presumably it's more an assemblage than a whole. I'd guess many who obsess over gun rights don't give a hoot about abortion one way or another but are definitely racist. And the hard core anti-abortion lobby probably don't care about guns but include large numbers of African American churches who obviously would hold no truck with racists. There will be a few who buy the whole set though if only because opinion is infectious and people like to fit in.

What we do know for certain though is the religious right definitely made a conscious choice to hold their nose in supporting Trump (who they consider a moral bankrupt) in return for conservative SC judges. Some of their leadership have admitted as much in TV interviews.
 
Here’s a Twitter thread highlighting which states this ruling will impact and which will continue to support woman’s rights.

PS AIUI the ruling is about removing Wade v Roe from law, i.e. abortion rights reverts back to individual states so the Republican Taliban states will go full on religious misogynist/fascist, the Democrat states will continue to respect basic civil rights. The Supreme Court does not have the power to make abortion rights illegal in the USA.
 
To place all these rightwing christian fundamentalist moves in a historic perspective may I suggest subscription to the splendid (mostly daily) commentary by Heather Cox Richardson. (google is your friend)
She is a professor of American History and gives a very informed overview of developments and how they echo the past.

PS... I've thought for many years the US is heading for catastrophic civil unrest and potentially break-up. Putin's decades long support for extremists and particularly of Trump is paying off big time.

As an example: the April 29th post by HCR


It has been hard for me to see the historical outlines of the present-day attack on American democracy clearly. But this morning, as I was reading a piece in Vox by foreign affairs specialist Zack Beauchamp, describing Florida governor Ron DeSantis’s path in Florida as an attempt to follow in the footsteps of Hungary’s Viktor Orbán, the penny dropped.

Here’s what I see:

Before Trump won the presidency in 2016, the modern-day Republican Party was well on its way to endorsing oligarchy. It had followed the usual U.S. historical pattern to that point. In the 1850s, 1890s, 1920s, and then again in the modern era, wealthy people had come around to the idea that society worked best if a few wealthy men ran everything.

Although those people had been represented by the Democrats in the 1850s and the Republicans in the 1890s, 1920s, and 2000s, they had gotten there in the same way: first a popular movement had demanded that the government protect equality of opportunity and equal justice before the law for those who had previously not had either, and that popular pressure had significantly expanded rights.

Then, in reaction, wealthier Americans began to argue that the expansion of rights threatened to take away their liberty to run their enterprises as they wished. To tamp down the expansion of rights, they played on the racism of the poorer white male voters who controlled the government, telling them that legislation to protect equal rights was a plan to turn the government over to Black or Brown Americans, or immigrants from southern Europe or Asia, who would use their voting power to redistribute wealth.

The idea that poor men of color voting meant socialism resonated with white voters, who turned against the government’s protecting equal rights and instead supported a government that favored men of property. As wealth moved upward, popular culture championed economic leaders as true heroes, and lawmakers suppressed voting in order to “redeem” American society from “socialists” who wanted to redistribute wealth. Capital moved upward until a very few people controlled most of it, and then, usually after an economic crash made ordinary Americans turn against the system that favored the wealthy, the cycle began again.

When Trump was elected, the U.S. was at the place where wealth had concentrated among the top 1%, Republican politicians denigrated their opponents as un-American “takers” and celebrated economic leaders as “makers,” and the process of skewing the vote through gerrymandering and voter suppression was well underway. But the Republican Party still valued the rule of law. It’s impossible to run a successful business without a level playing field, as businessmen realized after the 1929 Great Crash, when it became clear that insider trading had meant that winners and losers were determined not by the market but by cronyism.

Trump’s election brought a new right-wing ideology onto the political stage to challenge the rule of law. He was an autocrat, interested not in making money for a specific class of people, but rather in obtaining wealth and power for himself, his family, and a few insiders. The established Republican Party was willing to back him so long as he could deliver the voters that would enable them to stay in power and continue with tax cuts and deregulation.

But their initial distancing didn’t last. Trump proved able to forge such a strong base that it is virtually a cult following, and politicians quickly discovered that crossing his followers brought down their wrath. Lawmakers’ determination to hold Trump’s base meant they acquitted him in both impeachment trials. Meanwhile, Trump packed state Republican machinery with his own loyalists, and they have helped make the Big Lie that Trump won the 2020 election an article of faith.

It is not clear whether Trump can translate his following back into the White House, both because of mounting legal troubles and because his routine is old and unlikely to bring the new voters he would need to win. It may be that another family authoritarian can, but right now that is not obvious.

Still, his deliberate destabilization of faith in our democratic norms is deadly dangerous, creating space for two right-wing, antidemocratic ideologies to take root.

One is pushed by Texas governor Greg Abbott, who is embracing a traditional American states’ rights approach to attack the active federal government that has expanded equality since World War II. The Trump years put the states’ rights ideology of the Confederacy on steroids, first to justify destroying business regulation, social welfare legislation, and international diplomacy, and then to absolve the federal government from responsibility for combating the coronavirus pandemic. Then, of course, the January 6 insurrection saw state legislatures refusing to accept the results of a federal election and rioters carrying the Confederate flag into the United States Capitol.

That Confederate impulse has been a growing part of the South’s mindset since at least 1948, when President Harry S. Truman announced the federal government would desegregate the armed forces, and white southerners who recognized that desegregation was coming briefly formed their own political party to stop it.

Abbott and the Texas legislature have tapped into this traditional white southern ideology in their quest to commandeer the right wing. Texas S.B. 8, which uses a sly workaround to permit a state to undermine the 1973 Roe v. Wade decision declaring abortion a constitutional right, has become a model for other Republican states. In June 2021, along with Arizona governor Doug Ducey, Abbott asked other state governors to send state national guard troops or law enforcement officers to the Mexican border because, he said, “the Biden administration has proven unwilling or unable to do the job.”

Abbott’s recent stunt at the border, shutting down trade between Mexico and the U.S., was expensive and backfired, but it was also a significant escalation of his claim of state power: he essentially took the federal government’s power to conduct foreign affairs directly into his own hands.

The other new ideology at work is in the hands of Florida governor Ron DeSantis, who, as Beauchamp pointed out, is trying to recreate Orbánism in the U.S. Prime Minister Viktor Orbán has eroded Hungary’s democracy since he took power for the second time, about a decade ago. Orbán has been open about his determination to overthrow the concept of western democracy, replacing it with what he has, on different occasions, called “illiberal democracy” or “Christian democracy.” He wants to replace the equality at the heart of democracy with religious nationalism.

To accomplish his vision, Orbán has taken control of Hungary’s media, ensuring that his party wins all elections; has manipulated election districts in his own favor; and has consolidated the economy into the hands of his cronies by threatening opponents with harassing investigations, regulations, and taxes unless they sell out. Beauchamp calls this system “soft fascism.”

DeSantis is following this model right down to the fact that observers believe that Florida’s “Don’t Say Gay” bill was modeled on a similar Hungarian law. DeSantis’s attack on Disney mirrors Orbán’s use of regulatory laws to punish political opponents (although the new law was so hasty and flawed it threatens to do DeSantis more harm than good). DeSantis is not alone in his support for Orban’s tactics: Fox News Channel personality Tucker Carlson openly admires Orbán, and next month the Conservative Political Action Committee will hold its conference in Hungary, with Orbán as a keynote speaker.

Trump’s type of family autocracy is hard to replicate right now, and our history has given us the knowledge and tools to defend democracy in the face of the ideology of states’ rights. But the rise of “illiberal democracy” or “soft fascism” is new to us, and the first step toward rolling it back is recognizing that it is different from Trump’s autocracy or states’ rights, and that its poison is spreading in the United States.
 
Judges are elected for life. Biden would need to change the constitution in order to change the court. And to do that he'd need 2/3rds of the Senate. Or he could shoot a few SC judges.

Edit: 2/3rds of both houses and 3/4 state legislatures.

Congress already has the power to change the size of the Supreme court under the constitution and indeed has done so in the past on several occasions albeit not since the about 1850.

The lifetime appointment thing is also slightly weaker than many people believe with the constitution only really saying that federal judges can retain their seats as long as they continue in "good behaviour". In practice this has come to mean as long as they want but the scope for Congress doing some kind of term limits reform is quite strong.
 


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