Monday, November 29, 2021

As Supreme Court considers abortion case, can we assume the best about our opponents?

As Supreme Court considers abortion case, can we assume the best about our opponents? 

The Court does not consider moral questions. They decide questions of authority and states cannot be allowed the final authority over abortion; just as they cannot have the last word on gay rights, birth control, funding the education of undocumented immigrants and Catholic school students. 

When NARAL, et al, talk about abortion rights, they need to focus on all civil rights. The key question here is the fact that Mississippi is the respondent, largely because the 5th Circuit ruled incorrectly. 

If Congress changed legal personhood from viability to some earlier point, the states could act. They cannot be allowed to act if Congress does not first grant personhood. That would open Pandora's Box. It is time for the Court to lock the box forever. The Center for Reproductive Rights should cede the point that Congress could lower the age where a fetus must be protected. If the Court agrees, the issue of state power will be ended. 

Mississippi is not in this fight for the unborn. They want to bring back the state power regime of Plessy. That kind of mob rule cannot be allowed. This is where the analysis must stop. I will not give tyranny the benefit of the doubt.

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