The Gloves Come Off

David Marcus wrote in The Federalist that the battle over abortion in the United States is becoming total war. He’s correct. from his article.

Since the day that Roe v. Wade was decided in 1973, abortion has been a hot button political topic in the United States. But while it is an emotional issue that has always had inflamed rhetoric surrounding it, over the past 46 years, the abortion question has existed in a kind of stalemate or détente. Very little, including the polling numbers on how many people are pro-choice or pro-life, has changed.

On the right, given the composition of the Supreme Court during that time, and the unlikelihood of Roe being overturned, it has been mostly a fight around the edges of the issue. Pro-lifers have sought to cap abortions at early periods in pregnancy, or advocated for parental notification, but there was no clear path to actually making all abortions illegal.

On the left, secure as they also once were in Roe, the attitude for most of that time had been that abortion should be safe, legal, and rare. Abortion was not something to be celebrated, but rather a sad and dire thing only to be used in extreme and necessary circumstances.

Today, none of this is true anymore. Pro-lifers for the first time feel that it is possible that the Supreme Court could overturn Roeand allow states to ban abortion, and for abortion advocates, it has been become something to celebrate, to shout, and to be considered an unfettered good.

As a result of these changes, we have seen bills from both sides in state legislatures that would have been unthinkable even a decade ago. In New York and Virginia, state lawmakers passed bills that would allow for abortion up to birth, and arguably, make allowances for finishing the job if a botched abortion produces a live baby.

Meanwhile, in Georgia, a new law would effectively ban abortion after as little as six weeks and, in Alabama, legislation was passed this week that would basically ban abortion entirely. The détente which has held for 50 years is gone and the fight over abortion has become a total war. What has always been a testy battle in American politics is poised to become very ugly, very fast.

Indeed, the gloves are off. It is now a bare-knuckle brawl. And that is as it should be, the gentlemanly sparring we have been doing for nigh unto 50 years was never going to solve anything. In the meantime, we have murdered some 60 million babies in the United States. An order of magnitude more than Hitler killed. Why? For our convenience.

By the way, I notice too, that the debate is getting harsher in Britain as well, for all the same reasons. It is ironic, that they kill a goodly part of the next generation pretty much indiscriminately, while at the same time importing a new working (or not working) class from abroad.

The Alabama bill is designed to challenge Roe v Wade in the courts. As such, I suspect it will be overturned at the district level and that confirmed at the circuit court and the SCOTUS will decline to get involved, and so will lose. But I’ve been wrong before, and Roe is universally considered bad law so we will see.

But it is also a sign that the Federal government needs to abdicate the field, the states are moving both ways at once, so what the court fight will really be about is some imagined right of privacy against the 10th Amendment.

Nor will the current bills be the last, there are more pending in the states. For much of the US, the time when infanticide for the mother’s convenience is legal is coming to an end. Very late, but very late is better than never.

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17 Responses to The Gloves Come Off

  1. Nicholas says:

    Unfortunately, I do not see a clear path ahead in the UK unless by a miracle we get a Parliament dominated by conservative Christians. As a general rule, the courts do not overturn clear statutes, but there is scope for the courts to get involved if the statute has ambiguity or if there are human rights issues. The courts cannot overturn clear statutes (at least not at present): in human rights law, they can issue a declaration of incompatibility, but this does not compel Parliament to change the statute – though it might cause enough public outcry to put political pressure on Parliament.

    I daren’t breathe it, but I think President Trump has been raised, like Cyrus or Esther, for such an hour as this. He got Kavanaugh to the bench – maybe, by some miracle, the Alabama Bill will reach SCOTUS and Roe v Wade finally be overturned. “Life” in “Life, Liberty, and Happiness” – surely the Founding Fathers and Framers did not envisage a state that would permit abortion?

    Liked by 1 person

    • NEO says:

      At a guess the founder ignored it purposely for two reasons, like any other murder, it is an issue for the several states, and it wasn’t all that uncommon in that day either in the US or the UK, not legal mind, but to an extent winked at. Don’t bank overmuch on Kavanaugh, so far he’s been overbeholding to Stare Decisis to do anything as radical as overturn Roe. Which is one reason why I don’t think it will make it to SCOTUS. May be better if it doesn’t. But most of the country is moving in that direction.

      Liked by 1 person

  2. audremyers says:

    We’ll never see the end of Roe v Wade. It will never make it to the Supreme Court.

    I find it immensely interesting that Linda Sarsour berates White women for the Georgia bill; if we procreate like Muslims, we could force the Muslims out. Food for thought.


    • NEO says:

      This one won’t in my estimation, mostly because SCOTUS is afraid of it. But another justice or two might just change that. Kavanaugh so far has been Kennedy, but slightly worse, wasn’t worth the effort, except we got Miss Lindsey back.

      Liked by 1 person

  3. the unit says:

    Who knows what might be done. A statement rather than a question. ‘Cause don’t think it can be known.
    But as for as absolute “Stare Decisis” since it has been modified, why not a little more complete modification. I.e., in 1992 the Supreme Court overruled Roe’s requirement that government regulations on abortion be subjected to the “strict scrutiny” standard.
    This just something I read at Wiki today. Reminding myself…what little I know and understand how these legal things are determined.
    You’re right, looks like fisticuffs time. 🙂

    Liked by 1 person

  4. the unit says:

    Then again court may ultimately decide it’s overall a woman’s privacy issue still.
    Got to be up to the woman. Settled science again. Snowflakes can reason it out.
    Mine hand picked strawberries in FL panhandle past weekend. For traditional usage. 🙂

    Liked by 1 person

    • NEO says:

      Yum, fresh strawberries. I had some Mexican one the other day, just not the same! 🙂

      Liked by 1 person

      • the unit says:

        Yeah, we had quite a shindig last weekend. Son and family from Miami, sis-in-law and her daughter from Hawaii, local daughter and hubby with my new first grand, a grand daughter. They all did the picken and I helped and still helpin’ with the eatin’, not the picken. 🙂
        Yep, I doubt much of area crop gets dispersed nationwide as plenty of hand pickers in our tri-county area, which includes bases of Pensacola Naval Air Station, Eglin Air Force Base (home of MOB), Hurlburt Field (Bob Hope did many appearances there), and 100 % of citizens who whole heartedly support them all (troops and local farmers). No snowflakes get to hit the ground in these parts before melting. 🙂

        Liked by 1 person

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