RIP Roe v. Wade

RIP Roe v. Wade.

Dead at the hands of Dobbs v. Jackson.

For 50 years, a woman had a federal constitutional right to an abortion. And it was murdered by the Supreme Court.

Don’t worry, I’m not going to talk about the opinion. It’s tempting, but no. I’ve read it. The whole thing is 78 pages long, and dense as fuck. This is a blog, not a legal analysis of the Court’s bullshit.

Won’t talk about the opinion. I love you all too much.

The right could be resurrected sometime in the future. But it’s going to stay dead for a long time. Decades, at the very least.

Why?

The Supreme Court. Article III of the federal constitution says justices are appointed for life. The justices now on the Court are young by judicial standards. Considering most justices tend not to step down until their 80s or hang on until they die, we’re talking about justices that could remain on the bench for the next 30-40 years. Maybe longer, if scientists ever hit upon an anti-aging process.

Cyborgs? Maybe, maybe not. But never say never.

Bottom line, it means term limits for justices are out without amending Article III, and it’ll be a cold day in hell before that happens. Packing the Court is an option because there’s no limit on how many justices can be on the bench. Nine is really just tradition. So, pack the Court with more justices, so long as it makes for an odd number. Eleven. Thirteen. Any odd number will do. Keep the konservative klowns in check.

Did you see what I did? It was on purpose. A lot of us are well aware of what they’ll be gunning for next.

The Konservative  Klowns on the Kourt.

More liberal justices would be fantastic. The problem is the Senate. You’ve seen it — it’s the Senate that confirms Court nominations. And the way it’s run now, the majority leader can block a nomination. Remember Merrick Garland? He was nominated, and couldn’t even get a hearing because of Mitch McConnell. Said outright he wouldn’t consider anyone nominated by Obama. But after the TFG was elected, federal judges in the right-wing camp were nominated left and right. And were confirmed, regardless of judicial experience or morals. Comey. She was a federal judge for only 3 years before her confirmation. Kavanaugh. His list of sins is far too long for this post. Believe me — there’s a shitload you never even heard about. Gorsuch? Got the experience, no question. Morality? I dunno. Haven’t heard anything about him trying to rape women at drunken parties. But make no mistake — he ain’t your friend. Not by a looong shot.

Add these three to Roberts, Alito, and Thomas, and you’ve got a Grade-A Prime, Number One example of packing the Court.

Dobbs overturned in my lifetime? Don’t make me laugh.

Congress to the rescue? Hah!

And Congress? Nope. Even if they were so inclined, which they are not. The 14th Amendment says Congress can only enforce federal rights under the constitution. There’s no federal right to an abortion, so they can do nothing about Dobbs. They could pass a law legalizing abortions. Good luck. Right now, they’re more likely to make it illegal. A federal crime. Or a civil violation, subject to heavy penalties. Or both.

No, my friends. Double jeopardy doesn’t apply. I’m sure you remember O.J. He was acquitted at his criminal trial, but slammed in the civil. Two lawsuits stemming from the same incident. But in two courts of different jurisdiction. Criminal and civil. And double jeopardy applies only in criminal cases.

Since there’s no federal right to enforce anymore, states can do whatever the hell they please. And they have. Check out the number of states that have outlawed abortion. Almost half, the last time I looked. Know something? Those laws were on the books before Dobbs. Just hanging out, ya know, unenforceable. As soon as Dobbs came down? Boom! They sprang to life, ready to party.

An Executive Order protecting abortion rights. Make it so, Joe!

The only hope for women of child-bearing age now is a presidential executive order. With Biden and Harris in office, I think it could happen. Make it so, Joe!  

I could continue this post, spewing all sorts of profanities on what I think about Dobbs, the Supreme Court, the GOP, evangelical christians, and everyone else who’s a blot, a black stain on humanity. But I won’t. A buttload of others have already done a great job of it. I don’t need to join the chorus.

Just read what they wrote.

And know I say ditto.

I have to make this addendum. I am consistently, maybe permanently, appalled by Staters’ ignorance about their own government. On Twitter, a post showed up in my feed that Congress needs to rein in the Court’s power, to return it to its “original jurisdiction.” Normally, I don’t respond to such posts but this time, I had to. I told him original jurisdiction means cases where states sue each other. Congress has NO power over the Court itself. The only thing it can do is pass a law to overturn a decision it doesn’t like.

Ignorance like this, and what flows from it, is why it’s so easy for politicians to bamboozle voters. Read your constitution, people. Read the whole thing instead of cherry-picking the parts you’re told to like. The writing is archaic and may be hard to understand. But you can get plenty of help from your friend and mine, Google.

Do it. Before the government we have, WE THE PEOPLE, becomes someone else’s. And if it does, rest assured that someone else will not be YOU.