Tag Archives: U.S. Constitution
Many of the cases that arrive before the U.S. Supreme Court begin with individuals either trying right a wrong or make their own lives better. They rarely expect to launch a national movement. That was pretty much the case when Norma McCorvey found herself pregnant with her third child in 1969. An unemployed carnival worker living outside Dallas at the time, McCorvey apparently had led a rough life and had given up her first two children for adoption. She didn’t need – and couldn’t afford – to bring another child into the world. However, the state of Texas didn’t allow for abortions except to save the life of the mother. Even rape and incest victims couldn’t end their unwanted pregnancies. Like so many women in her situation, McCorvey was too poor to travel to another state where abortions were safe and legal. She even tried to obtain an illegal abortion, but again the cost was prohibitive. She sought legal help and ended up under the guidance of attorneys Linda Coffee and Sarah Weddington.
In 1970, after McCorvey had given birth and given up the baby, Coffee and Weddington filed paper work challenging the Texas law and bestowed the name “Jane Roe” upon their client. They targeted then-Dallas County District Attorney Henry Wade. Wade had entered the national spotlight nearly a decade earlier when he prosecuted Jack Ruby for killing Lee Harvey Oswald who had been accused of assassinating President John F. Kennedy. (Wade would later come to light as a ruthless prosecutor who engaged in unscrupulous legal maneuvers to ensure criminal prosecutions, no matter the cost and despite evidence to the contrary.)
After McCorvey’s suit was filed, a Texas district court ruled the state’s abortion ban violated the constitutional right to privacy under the 14th Amendment. Wade persisted, however, and vowed to prosecute any doctor who performed what he deemed unnecessary abortions in the state. The case eventually reached the U.S. Supreme Court and, in a 7-2 ruling on January 22, 1973, abortion was fully legalized in the United States.
That was pretty much the end of the issue until the 1980s, when right-wing religious leaders began stoking the fires of anti-abortion rhetoric. It accompanied the presidency of Ronald Reagan who openly stated he wished for a return to an America before the 1960s. That should say enough about his bigoted state of mind, but it aligned with a growing hostility towards progressive ideology and civil rights legislation.
Earlier this week the unexpected news arrived that the Supreme Court may overturn Roe vs. Wade by the end of its current term in June. We wouldn’t know anything about this if it wasn’t for the leak of a draft opinion by Associate Justice Samuel Alito who declares the Roe decision “egregiously wrong” in terms of constitutional practicality. Chief Justice John Roberts has confirmed the veracity of the statement, but has joined many others in condemning the leak.
For many of us the leak isn’t the main concern. It’s what it says. There is now a very real possibility that nearly a half century of protection for that part of women’s overall health care could end because a handful of conservative extremists on the High Court want to inject their personal views into it.
For their like-minded ilk in the American public, the overturning of Roe marks the end of a long-fought battle in their alleged “pro-life” agenda; a perverted early Mother’s Day gift. It doesn’t matter that a majority of Americans don’t want to see a complete ban on abortion. They’ve been working for this moment over the past four decades.
For liberals, though, this is a much more dire situation. While the current case that brought Roe back into the forefront is limited to just abortion, progressives see other seminal SCOTUS decisions in the judicial crosshairs. It really isn’t extraordinary to see such cases as Obergefell vs. Hodges, which legalized same-sex marriage, reversed. Along with abortion, queer rights have been a target of far-right conservatives. But, if the Court sees fit to outlaw abortion at the national level (and leave it up to individual states), it could also reasonably overturn Griswold vs. Connecticut, which ruled that states could not deny birth control to married couples. Before that decision, married residents of Connecticut (and a few other states) couldn’t legally purchase birth control.
To some conservatives, abortion has become another form of birth control, which is not what contemporary feminists who jump-started the modern women’s movement desired. The latter group had always declared that abortion should be a woman’s last choice. But, with the overall concept of birth control in mind, is it possible a woman who has a tubal ligation could be criminally prosecuted? For that matter, could men who have vasectomies be subject to criminal jurisprudence? How about condoms or IUDs? Could those be outlawed?
Why stop with Roe? Aside from Obergefell and Griswold, could the Court target Loving vs. Virginia, the case that struck laws against interracial marriage? How about Brown vs. Topeka Board of Education, which outlaws racial desegregation in schools?
Remember that, when Antonin Scalia died in 2016, Republicans in the Senate displayed their usual contempt and disdain for President Obama by refusing to hold hearings on his nominee to the Court, until after Donald Trump got into office. They stated that, since Scalia’s death occurred during an election year, the incoming president should select his replacement. Yet, upon the death of Ruth Bader Ginsburg in 2020, they rammed through the nomination of Amy Coney Barrett – a character straight out of “The Handmaid’s Tale”.
That social and religious conservatives want to dictate what women can and cannot do with their own bodies conflicts with the long-held American vision of individual freedom. Many of these people screamed at the thought mandatory mask-wearing or forced vaccinations at the start of the COVID-19 pandemic; crying they should have autonomy over their own bodies. Really? What an original concept.
Conservatives herald the beauty of life, but a life costs hard dollars in the very real world of child-rearing. Since 2019, for example, the state of Texas has experienced a 1,100% rise in children placed into foster care. Love and compassion alone won’t pay those bills, no matter how much prayer one puts forth. Former New Jersey Gov. Chris Christie once emphasized that pro-life means the entire life cycle – not just up to the moment the fetus is born.
The reasons why an individual woman wants to end a pregnancy are myriad, but it is no one else’s business. As painful a decision as it may be, I’d rather see a woman end a pregnancy she doesn’t want than give birth to a child she doesn’t want. Children who come into the world unwanted are often unloved. That’s an awful fate for someone.
Regardless, pregnancy and birth are individual choices. No one – not the Supreme Court and not a politician – has the right to interfere with that.
On Friday, February 4, the Republican National Committee voted overwhelmingly to censure two of its own: Reps. Liz Cheney of Wyoming and Adam Kinzinger of Illinois for their participation in a Democrat-led panel investigating the January 6, 2021 Capitol Hill insurrection. The RNC declared – as it has always maintained – that the individuals participating in the riot were “ordinary citizens engaged in legitimate political discourse.” Immediately after various news outfits began reporting news of the resolution, the RNC tried to clarify itself by stating they weren’t referring to the deadly attack on the Capitol.
Gosh, what else is there to talk about with that day’s events?
It’s become obvious the 21st century Republican Party won’t tolerate any kind of conscientious objectors – even if they are 100% right in their actions. The RNC has continually repeated the fake narrative that the January 6 insurrectionists were merely Capitol Hill “tourists” – who just happened to arrive bearing various assault weapons and stormed into the building like zombies invading a meat-packing plant.
I still believe a large percentage of Americans just don’t realize that the events of that day meet the true definition of a terrorist attack. If the mob had contained anyone other than a bunch of angry, self-righteous White people, right-wing extremists would be quick to denounce it as a true domestic terrorist attack and begin demanding criminal prosecution of everyone involved. But since that gang was supporting their man, Donald Trump – the biggest dumbass ever to occupy the White House – they’re getting their priorities confused…again.
I also wonder if most Americans truly recognize the January 6, 2021 insurrection as the clear threat to democracy it really was. Watching that day’s events unfold, I kept thinking, ‘Is this the United States? Is this really happening here?’
We’re accustomed to witnessing that kind of brutality and violence in foreign countries. That shit happens in Pakistan or Peru – not in the U.S.! But it did happen in the U.S. It happened here – in a nation that has claimed for some 200 years it is the beacon of democracy on planet Earth. In a country that has the oldest national constitution of any developed sovereign state.
I find it equally appalling – but not surprising – that the RNC has censured Cheney and Kinzinger for their efforts to learn the truth about the January 6 riot and prosecute those who participated in it. Cheney, daughter of former Vice-President Dick Cheney, and Kinzinger, a military veteran, each represent the truest of public servants – individuals committed to the values of integrity and moral decency. They understand the actual severity of the January 6 mutiny; that the participants weren’t “tourists” trying to comprehend the machinations of the American political system. They were rioters – terrorists. And for their probity, they are being reprimanded by their leaders and constituents.
That says quite a bit about a political party. It says a lot about that particular squadron of stewardship. But it would say even more about a society that seems to ignore the calamity of January 6, 2021 and treat ensuing investigations as mundane political business.
Rep. Marjorie Taylor-Greene, suggesting use of the Second Amendment to the U.S. Constitution against her Democratic constituents, during an interview with talk show host Sebastian Gorka:
“This is an issue that galvanizes, particularly minority voters, and speaking as a Black American, someone who lived through the age of Jim Crow segregation, someone who has seen court challenges where African Americans have had to use the Supreme Court … people have fought and lost their lives to have access to the ballot, to vote. There should be no retrogression in terms of making sure people have access to the franchise and unfettered access.”
Michael Adams, a professor of political science at Texas Southern University, about the Texas Legislature’s stringent voting regulations
“I think we’re doing a great job in terms of recruiting the right kinds of people, providing access to people from every corner, every walk of life in this country.”
Austin also insisted that diversity “must be a part of who we are.”
“This sacred right is under assault … with an intensity and aggressiveness we have not seen in a long, long time. It is simply un-American. It’s not, however, sadly, unprecedented.”
President Joe Biden, on efforts by Republican-dominated state legislatures’ to limit voting rights
Last week the state of Texas loosened gun restrictions. That’s almost incomprehensible in a state that already boasts some of the most relaxed (weakest) firearm regulations in the nation. But, for the hamster-dick right-wing extremists that dominate the Texas state legislature, any kind of gun restriction is a prospect more terrifying than a bunch of angry Black and Brown women storming into a Proud Boys meeting armed with attitudes and hair brushes.
And that’s pretty much who comprises both the Texas state legislature and the Proud Boys: old and middle-aged White men pissed off the world is no longer theirs to play with. Thus, they assert control the only way they know how – with guns.
Now, in Texas, people no longer need a license or even proper training to tote a firearm anywhere within the state’s 268,597 sm. (695,663 km).
Gosh, what could possibly go wrong?
Gun rights advocates have always proclaimed that responsible firearm owners have nothing to fear and the general public has nothing to fear from responsible firearm owners. But they’ve also screamed that any measure of regulation is a step towards elimination. They’ve warned about those proverbial “slippery slope” dilemmas, even though any nearby slope is slippery because of all the spittle flying out their chapped lips from screaming about gun rules.
Someone with more than half a brain stop the madness!
Contrast that shenanigans with the new voting regulations – restrictions – the same state legislature imposed shortly before then. Those rules limit early voting hours, ban drive-through voting and require large counties to redistribute polling places that could move sites away from areas with more Hispanic and Black residents.
The voting measures don’t surprise me. Ever since Barack Obama won his first election – fairly, legitimately and without question – legions of (mostly White) conservatives in state legislatures around the country have done everything they could to ensure that never happens again.
Conservatives have spouted the usual rhetoric about protecting the integrity of the voting process, just as they claim the need to protect their right (their right) to own firearms. I’ve noticed many of those old men – allegedly tough and strong – always express some degree of paranoia; their fear of someone invading their property and hurting their loved ones. Therefore, their guns are readily available. Stupid, paranoid people in the U.S. always reach for their guns and Christian Bibles when things look scary.
Strangely, though, they’ve long since recognized the power of the vote. Voting is actually more powerful and with longer lasting effects than firearms. A bullet could kill someone. A vote can put someone in office who will enact legislation that may alter society for decades.
And thus, they are scared.
It’s almost laughable if it wasn’t so serious. Right-wing extremists always seem to forget – or perhaps, never truly understood – that the First Amendment to the U.S. Constitution is the first amendment for a reason. You vote first to enact and ensure change in society. Then again, as I stated above, perhaps they do understand the significance of voting – and that’s why they do what they can to assure that only people with their similar and limited intellectual prowess can vote. With their guns and Bibles by their sides.
My parents told me of seeing television footage of White police officials attacking Black citizens protesting against discrimination and segregation laws and trying to vote in the Deep South in the 1950s and 60s. I recall my father, in particular, telling me that the former Soviet Union would display those images on their own TVs and point out this was an example of democracy.
The U.S. always promoted itself as a beacon of democracy; a government of and by the people.
I’ve seen those black-and-white images of 1950s and 1960s America in various retrospectives of a time how we used to be. Considering what conservative-dominated states legislatures have done to voting and gun laws in recent years, I keep seeing those old images in contemporary colors.
“My name is Bruce Castor, and I am the lead prosecutor – err – lead counsel for the 45th President of the United States. I was an assistant DA for such a long time that I keep saying prosecutor, but I do understand the difference.”
It should be worth noting that, earlier in his career, Castor fought to let Bill Cosby go free while Trump’s other impeachment lawyer, David Schoen, was set to defend Jeffrey Epstein before the latter died in prison.
“The Executive Committee of the Republican Party of Louisiana has unanimously voted to censure Senator Bill Cassidy for his vote cast earlier today to convict former President Donald J. Trump on the impeachment charge.”