Lazy Caturday ReadsPosted: May 14, 2022
My stress level is sky high lately. If only I could relax like a cat, blissfully unaware of the daily shocks we humans have to deal with these days. At least it’s the weekend, so maybe we’ll get a break–or maybe even some good news? Here’s the latest:
With the US supreme court apparently poised to overturn the 1973 landmark decision which made abortion legal, hundreds of thousands of people across America are planning to take to the streets to protest the looming decision.
A coalition of groups such as Planned Parenthood, UltraViolet, MoveOn and the Women’s March are organizing Saturday’s demonstrations, whose rallying cry is “Bans Off Our Bodies”. More than 370 protests are planned, including in Washington DC, New York, Los Angeles and Chicago….
The “Bans Off Our Bodies” gatherings will take place three days after Democrats in the US Senate on Wednesday made a largely symbolic effort to advance legislation that would codify the right to an abortion into federal law. All 50 Republicans and one conservative-aligned Democrat – West Virginia’s Joe Manchin – voted against the measure, leaving it well short of the 60 votes necessary for it to advance.
Also from The Guardian: Protesters rally outside US supreme court justices’ homes ahead of pro-choice marches.
Pro-choice demonstrators continue to turn up outside the homes of supreme court justices, with the latest target being conservative Amy Coney Barrett, who signed on to a majority draft opinion that was leaked to reveal an intention to overturn the constitutional right to seek an abortion in the US.
“The right to your own body – to do what you want with your own body – is the most personal freedom you can have,” one protester said from among a group wearing long red “handmaid” capes and white bonnets earlier this week to symbolize forced childbearing, as members of the Virginia state police watched nearby….
Several organizations, led by Planned Parenthood and the Women’s March, are preparing for a nationwide day of pro-choice marches on Saturday….
Protesters have so far gathered outside the residences in the Washington DC area of Samuel Alito, who wrote the scorching draft opinion, and Brett Kavanaugh, as well as Barrett and the chief justice, John Roberts, who did not sign on to the draft opinion, unlike the other three and Justices Clarence Thomas and Neil Gorsuch.
Yesterday, British medical journal The Lancet released a scathing editorial warning the U.S. Supreme Court that if they overturn Roe v. Wade, they will have women’s “blood on their hands.”
The Lancet: Why Roe v. Wade Must Be Defended.
“Abortion presents a profound moral issue on which Americans hold sharply conflicting views.” So begins a draft opinion by Associate Justice Samuel Alito, leaked from the US Supreme Court on May 2, 2022. If confirmed, this judgement would overrule the Court’s past decisions to establish the right to access abortion. In Alito’s words, “the authority to regulate abortion must be returned to the people and their elected representatives”. The Court’s opinion rests on a strictly historical interpretation of the US Constitution: “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.” His extraordinary text repeatedly equates abortion with murder.
The Due Process clause of the 14th Amendment to the Constitution has been the main foundation underpinning the right of American women to an abortion. That 1868 Amendment was passed during the period of American Reconstruction, when states’ powers were being subjected to certain limitations. The goal of the Amendment was to prevent states from unduly restricting the freedoms of their citizens. That guarantee of personal liberty, so the Supreme Court had previously held, extended to pregnant women, with qualifications, who decided to seek an abortion. Alito rejected that reasoning. He argued that for any right not mentioned in the Constitution to be protected, it must be shown to have had deep roots in the nation’s history and tradition. Abortion does not fulfil that test. Worse, Roe was an exercise in “raw judicial power”, it “short-circuited the democratic process”, and it was “egregiously wrong” from the very beginning. It was now time, according to Alito, “to set the record straight”.
What is so shocking, inhuman, and irrational about this draft opinion is that the Court is basing its decision on an 18th century document ignorant of 21st century realities for women. History and tradition can be respected, but they must only be partial guides. The law should be able to adapt to new and previously unanticipated challenges and predicaments. Although Alito gives an exhaustive legal history of abortion, he utterly fails to consider the health of women today who seek abortion. Unintended pregnancy and abortion are universal phenomena. Worldwide, around 120 million unintended pregnancies occur annually. Of these, three-fifths end in abortion. And of these, some 55% are estimated to be safe—that is, completed using a medically recommended method and performed by a trained provider. This leaves 33 million women undergoing unsafe abortions, their lives put at risk because laws restrict access to safe abortion services.
Read the rest at the link.
At The Washington Post, Dana Millbank writes: Roe’s impending reversal is a 9/11 attack on America’s social fabric.
Washington’s reaction to the leaked Supreme Court draft opinion overturning Roe v. Wade has been typically myopic.
Republicans first tried to make people believe that the issue wasn’t the opinion itself but the leak. Now they’re absurdly trying to portray Democrats as supporters of infanticide. Democrats, in turn, squabbled among themselves before a show vote on a doomed abortion rights bill. And the news media have reverted to our usual horse-race speculation about how it will affect the midterms.
This small-bore response misses the radical change to society that Justice Samuel Alito and his co-conspirators are poised to ram down the throats of Americans. Their stunning action might well change the course of the midterms — but more importantly, it is upending who we are as a people.
Assuming little changes from the draft, overturning Roe would be a shock to our way of life, the social equivalent of the 9/11 attacks (which shattered our sense of physical security) or the crash of 2008 (which undid our sense of financial security). As epoch-making decisions go, this is Brown v. Board of Education, but in reverse: taking away an entrenched right Americans have relied upon for half a century. We remember Brown because it changed us forever, not because it altered the 1954 midterms.
Read more at the WaPo.
Clarence Thomas, husband of Ginni Thomas, who supported a coup against the U.S. government, is still whining about the SCOTUS link, which most likely came from a right wing source. Adam Liptak at The New York Times: Justice Thomas Says Leaked Opinion Destroyed Trust at the Supreme Court.
The leak of a draft opinion has done irreparable damage to the Supreme Court, Justice Clarence Thomas said at a conference in Dallas on Friday night, adding that it had destroyed trust among its members.
“What happened at the court is tremendously bad,” Justice Thomas said. “I wonder how long we’re going to have these institutions at the rate we’re undermining them.”
The leak of the opinion, which would overturn Roe v. Wade, the 1973 decision that established a constitutional right to abortion, was “like kind of an infidelity,” Justice Thomas said.
“Look where we are, where that trust or that belief is gone forever,” he said. “And when you lose that trust, especially in the institution that I’m in, it changes the institution fundamentally. You begin to look over your shoulder.”
Tough shit. My trust in SCOTUS was gone after Thomas was confirmed by lying about his sexual harassment of Anita HIll.
I won’t quote from this one, but if you want to read an argument by a constitutional scholar who is a Democrat who supports abortion rights but opposes Roe, check out this article at The Wall Street Journal by Akhil Reed Amar: The End of Roe v. Wade. I found it interesting but not that helpful for women who are facing a disastrous and traumatic future around pregnancy and childbirth. The article wasn’t behind the paywall when I opened it.
In other news, Republican Senators refused to visit Ukraine with Democrats, but then they organized their own trip. Please note that one of their GOP colleagues, Rand Paul, is currently blocking a bill to provide more aid to help Ukraine defend itself against Russia. The New York Times: McConnell and other Republican senators make a secret visit to Ukraine.
Senator Mitch McConnell of Kentucky, the minority leader, visited Ukraine on Saturday to meet with President Volodymyr Zelensky, leading the latest delegation of American lawmakers to the country as the United States deepens its commitment to Kyiv’s fight against the Russian invasion.
The surprise visit by Mr. McConnell, who was accompanied by three other Republican senators, comes as the Senate is working to pass a $40 billion emergency military and humanitarian aid package for Ukraine. It follows a string of other clandestine visits, including by the first lady, Jill Biden, and Speaker Nancy Pelosi….
“Helping Ukraine is not an instance of mere philanthropy — it bears directly on America’s national security and vital interests that Russia’s naked aggression not succeed and carries significant costs,” Mr. McConnell said this week. “If Ukraine fails to repel Russian aggression, there is no question that the threat to American and European security will grow.”
The trip was disclosed by Mr. Zelensky’s office. Details were not yet available from the lawmakers.
Mr. McConnell was joined by Senators John Barrasso of Wyoming, a member of his leadership team and the Foreign Relations Committee; John Cornyn of Texas, a member of the Intelligence Committee; and Susan Collins of Maine, who sits on both the Intelligence Committee and the Appropriations Committee, which oversees government funding.
In the photos I’ve seen, Zelensky doesn’t look as happy as he did when Jill Biden and Nancy Pelosi visited him.
The New York Times’s Luke Broadwater and Emily Cochrane on the subpoenas of members of Congress by the January 6th committee: Subpoenas for Republicans Raise New Questions for Jan. 6 Panel.
The decision by the House committee investigating the Jan. 6 attack on the Capitol to issue subpoenas to five Republican members of Congress, including Representative Kevin McCarthy, the minority leader, has sent a shock wave through Capitol Hill, heightening tensions in an already hostile environment and raising questions about the future of the inquiry and the institution itself.
The move by the Democratic-led panel set up a showdown with Republicans that could result in the threat of jail time against sitting members of Congress — including Mr. McCarthy, who is in line to be speaker if his party wins control of the House in November. It also had major implications for the investigation, and whether the country will ever get full answers about the deadly mob attack on the Capitol on Jan. 6, 2021, that disrupted the peaceful transfer of power and left more than 150 police officers injured.
Some Democrats immediately began clamoring for Mr. McCarthy and other lawmakers to be held in criminal contempt if they fail to appear at their scheduled depositions in late May, while Republicans warned of retaliation if they take control of the House after the midterm elections.
“I wouldn’t be for it, but turnabout is fair play,” Representative Thomas Massie, Republican of Kentucky, said of retaliatory subpoenas. He called the Jan. 6 committee’s subpoenas a “horrible precedent for the institution,” adding: “It’s a race to the bottom.”
I’d say the refusal of Republicans and Trump associates to honor Congressional subpoenas looks bad for Republicans, especially if they try to investigate Democrats in the future; but for the NYT, it’s always about how everything that happens is bad for Democrats.
Meanwhile at Axios: More bombshells for Jan. 6 committee before June hearings.
The Jan. 6 committee may seek testimony from additional lawmakers as soon as next week, ahead of blockbuster TV hearings that kick off next month, Axios has learned.
Driving the news: Chiefs of staff and other aides to members of the House select committee were told Friday on their weekly call with committee staff to brace for more bombshells ahead of the June 9 start to public hearings, according to two sources on the call….
The big picture: The committee created a major stir with post-election implications when on Thursday it issued subpoenas to five House Republicans, including two of the GOP’s top brass — House Minority Leader Kevin McCarthy (R-Calif.) and the Judiciary Committee’s ranking member Jim Jordan (R-Ohio).
— Members haven’t said how they would enforce those subpoenas.
— Rep. Jamie Raskin (D-Md.), a member of the committee, told Axios on Thursday that “the fact-gathering process will continue through the hearings.”
What we’re hearing: A U.S. Capitol Police security briefing for members and their chiefs of staff, to prepare for the June hearings, is scheduled for May 20.
That’s what’s happening so far today, as I see it. What’s on your mind?