The Road To Gilead, Con't

What the anti-choice crowd wants is control over women, and more importantly control over their bodies, and control over their lives. They keep revealing their hand to the world, and every keeps going "Oh, no, that would never happen here" and voters continue to vote for the GOP ghouls anyway.

The legal architect of the Texas abortion ban has argued in a supreme court brief that overturning Roe v Wade, the landmark decision which guarantees a right to abortion in the US, could cause women to practice abstinence from sexual intercourse as a way to “control their reproductive lives”.

Former Texas solicitor general Jonathan Mitchell, who played a pivotal role in designing the legal framework of the state’s near-total abortion ban, also argued on behalf of anti-abortion group Texas Right to Life that women would still be able to terminate pregnancies if Roe was overturned by traveling to “wealthy pro-abortion” states like California and New York with the help of “taxpayer subsidies”.

“Women can ‘control their reproductive lives’ without access to abortion; they can do so by refraining from sexual intercourse,” Mitchell wrote in the brief. “One can imagine a scenario in which a woman has chosen to engage in unprotected (or insufficiently protected) sexual intercourse on the assumption that an abortion will be available to her later. But when this court announces the overruling of Roe, that individual can simply change their behavior in response to the court’s decision if she no longer wants to take the risk of an unwanted pregnancy.”

The supreme court is due to hear a Mississippi case this term that experts say could lead to the reversal of the Roe decision by the court’s conservative majority. The argument was made in an amicus, or “friend of the court”, brief in which outside parties can present arguments on cases before the court. The brief was filed on 29 July, about four weeks before Texas’s abortion ban went into effect.

In the same brief, which calls for Roe to be overturned, Mitchell and co-counsel Adam Mortara, an anti-abortion activist and lawyer who clerked for the supreme court justice Clarence Thomas, said such a decision could open the door for other “lawless” rights and protections to be reversed, including the right to have gay sex and the right to same-sex marriage.

The lawyers argued that while it was not necessary for the high court to immediately overrule the legal cases that enshrine those rights, “neither should the court hesitate to write an opinion that leaves those decisions hanging by a thread”.

Those cases (Lawrence, which outlawed criminal sanctions against people who engaged in gay sex, and Obergefell, which legalized same-sex marriage) were “far less hazardous to human life”, they said, but just “as lawless as Roe”.

It is common for high-profile cases such as the Mississippi abortion case to elicit amicus briefs by activists and lawyers who are seeking to weigh in on the legal debate.

But Mitchell and Mortara’s brief is significant because conservatives on the high court recently ruled in a controversial 5-4 decision to allow a Texas law to stand that was designed by Mitchell and in effect bans abortions after about six weeks, before most people know they are pregnant.

While the majority of the justices stressed that they had not yet ruled on the constitutionality of the Texas law itself, the ruling showed that the majority was receptive to Mitchell’s legal strategy.

 

Here's the thing, it's not going to stop at abortion, it's going to lead to the outlawing of birth control and a lot more. If they get the win on Roe, they can reverse same-sex marriage and even criminalize sex itself between two people of the same sex (again).

It's not going to end at "Well, states should be able to make their own decisions on the legality of abortion" either. Your rights will vary wildly by where you live in the years ahead, just replace "legality of abortion" with "legality" of a host of other things.

When I say what they want is the tend of the civil rights era, this is what I mean. Your rights will be determined by what state you live in, not the fact that you're living in America, the country.

Then we stop being a country, but warring states.

Again.