Monday Reads: Theocratic Supreme Court Suppresses Religious Freedom and democracy

It’s Monday Sky Dancers! Hide your wives and daughters!

The Supreme Inquisitors of the United States have released more decisions that allow their religion to have an outsized role in our supposedly secular democracy founded solidly on the separation of church and state. They’re doing that by dissolving the state and its protection of minorities.

Now, we all have to endure egoistic displays of piety in schools from public servants.  Gorsuch wrote this abomination of a decision. From The New York Times: “Supreme Court Sides With Coach Over Prayers on 50-Yard Line.” As the great-grandaughter of a Methodist Circuit rider in Kansas, and a former nice little Methodist choir director and Sunday School Teacher, I’d just like to know why they don’t read their Bibles?  This is straight from Matthew 6:5-6.

5“And when you pray, do not be like the hypocrites, for they love to pray standing in the synagogues and on the street corners to be seen by others. Truly I tell you, they have received their reward in full. But when you pray, go into your room, close the door and pray to your Father, who is unseen. Then your Father, who sees what is done in secret, will reward you.”

This isn’t even something like an outdoor wedding, blessing some building or a group of pets, or even doing an outside service.  This is fucking football.  What perfect being wouldn’t find that laughable? How is causing bodily harm to another person and running around with a ball anything a deity would be concerned about?

Joseph Kennedy, a former high school football coach in Bremerton, Wash., had a constitutional right to pray on the field after his team’s games, the justices ruled.

The Supreme Court ruled on Monday that a high school football coach had a constitutional right to pray at the 50-yard line after his team’s games.

The vote was 6 to 3, with the court’s three liberal members in dissent.

The case pitted the rights of government workers to free speech and the free exercise of their faith against the Constitution’s prohibition of government endorsement of religion and the ability of public employers to regulate speech in the workplace. The decision was in tension with decades of Supreme Court precedents that forbade pressuring students to participate in religious activities.

The case concerned Joseph Kennedy, an assistant coach at a public high school in Bremerton, Wash., near Seattle. For eight years, Mr. Kennedy routinely offered prayers after games, with students often joining him. He also led and participated in prayers in the locker room, a practice he later abandoned and did not defend in the Supreme Court.

Just so you remember the stare decisis this over turns:

Over the last 60 years, the Supreme Court has rejected prayer in public schools, at least when it was officially required or part of a formal ceremony like a high school graduation. As recently as 2000, the court ruled that organized prayers led by students at high school football games violated the First Amendment’s prohibition of government establishment of religion.

“The delivery of a pregame prayer has the improper effect of coercing those present to participate in an act of religious worship,” Justice John Paul Stevens wrote for the majority.

These six inquisitors have no shame.

And the facts about Abortion from the New England Journal of Medicine.

Experience around the world has demonstrated that restricting access to legal abortion care does not substantially reduce the number of procedures, but it dramatically reduces the number of safe procedures, resulting in increased morbidity and mortality. Millions of persons in states lacking protections for abortion care are also likely to be denied access to medication-induced abortions. It may be difficult for many Americans in 2022 to fully appreciate how complicated, stressful, and expensive, if even attainable, their most private and intimate decisions will become, now that Roe has been struck down. A recent New York Times article recounted the experiences of women, now in their 60s and 70s, who sought abortions before Roe.5 They described humiliating circumstances, unsafe procedures literally performed in back alleys, and the deep shame and stigma they endured. Common complications of illegal procedures included injury to the reproductive tract requiring surgical repair, induction of infections resulting in infertility, systemic infections, organ failure, and death.6 We now seem destined to relearn those lessons at the expense of human lives.

Without federal protection, recent state laws curtailing or eliminating the right to abortion care will deny Americans’ reproductive autonomy and create an Orwellian dystopia. Examples are the Oklahoma law enacted on May 25, 2022, that declares life to begin at fertilization and the Texas bill that went into effect on September 1, 2021, which empowers third parties to bring civil suits and collect damages against persons who perform, aid, or abet abortions. Defendants in such suits will bear their legal costs, while plaintiffs are indemnified against countersuits for bringing groundless actions. Use of postcoital contraception, either hormonal contraception or placement of an intrauterine device, could be equated with abortion and prosecuted; some jurisdictions (e.g., Mississippi) are already considering such actions. A single act of coitus not timed with respect to the menstrual cycle has a 3% probability of causing conception.7 After conception, approximately 14 days elapse before chorionic gonadotropin reaches detectable levels in maternal blood. Approximately 30% of recognized pregnancies result in miscarriages. Thus, in some jurisdictions, people could be prosecuted for aborting a pregnancy by using postcoital contraception, despite a 98% probability that their actions did not cause an abortion, but there is no way to prove or disprove that they were pregnant.

The Supreme Inquisitors will kill women and more. Every Governor who lets these laws go through has blood on their hands. But hey, isn’t that what their practice of Christianity is all about?  Controlling others and not themselves?

NPR has the results of a poll today: “Poll: Majorities oppose Supreme Court’s abortion ruling and worry about other rights.”  The analysis is by Domenico Montanaro.

By a 56%-to-40% margin, respondents oppose the court’s decision, including 45% who strongly oppose it.

Almost 9-in-10 Democrats and a slim majority of independents (53%) are against the decision. Three-quarters of Republicans, on the other hand, support it.

There is a massive split by education – 69% of college graduates oppose the decision while those without degrees are split. Half of whites without degrees support the decision, while two-thirds of whites with college degrees oppose it.

A majority of men and women are against the decision, though a slightly higher percentage of women oppose it (59% vs. 54%).

Along racial lines, 60% of non-whites and 54% of whites oppose the decision. (There were too few people surveyed to break out individual racial groups any further without margins of error getting too high.)

By a 57%-to-36% margin, respondents said the decision was mostly based on politics as opposed to the law. And by a 56%-to-41% margin are concerned that the overturning of Roe will be used by the Supreme Court to reconsider past rulings that protect contraception, same-sex relationships, and same-sex marriage.

Just 39% said they have a great deal or quite a lot of confidence in the Supreme Court; 58% said they have not very much or no confidence at all in the institution. That’s a low in the poll

My friends in Europe keep telling me we have to get it into law like they did.  I’m beginning to think that this is our only route but just consider how long it will take to get rid of those state-level Republicans as well as those in safe, federal gerrymandered districts.

Here’s a take from The Guardian and Stephan Marche: “With the end of Roe, the US edges closer and closer to civil war. The question is no longer whether there will be a civil conflict in America. The question is how the sides will divide, and who will prevail.”

The cracks in the foundations of the United States are widening, rapidly and on several fronts. The overturning of Roe v Wade has provoked a legitimacy crisis no matter what your politics.

For the right, the leaking of the draft memo last month revealed the breakdown of bipartisanship and common purpose within the institution. For the left, it demonstrated the will of dubiously selected Republican justices to overturn established rights that have somewhere near 70% to 80% political support.

Accelerating political violence, like the attack in Buffalo, increasingly blurs the line between the mainstream political conservative movement and outright murderous insanity. The question is no longer whether there will be a civil conflict in the United States. The question is how the sides will divide, what their strengths and weaknesses are, and how those strengths and weaknesses will determine the outcome.

The right wing has been imagining a civil war, publicly, since at least the Obama administration. Back in 2016, when it looked like Hillary Clinton would win the election, then Kentucky governor Matt Bevin described the possibility in apocalyptic terms: “The roots of the tree of liberty are watered by what? The blood. Of who? The tyrants, to be sure. But who else? The patriots. Whose blood will be shed? It may be that of those in this room. It might be that of our children and grandchildren,” he told supporters at the Values Voter Summit.

The possibility of civil war has long been a mainstay of rightwing talk radio. Needless to say, when the right conjures these fantasies of cleansing violence, they tend to fantasize their own victory. Steve King, while still a congressman from Iowa, tweeted an image of red and blue America at war, with the line: “Folks keep talking about another civil war. One side has about 8tn bullets, while the other side doesn’t know which bathroom to use.”

Any time anyone acts on their violent rhetoric, the rightwing politicians and media elites are appalled that anyone would connect what they say to what others do. “We need to understand we’re under attack, and we need to understand this is 21st-century warfare and get on a war footing,” Alex Jones said in the lead-up to the Capitol riot.

According to a New York Times series, Tucker Carlson has articulated the theory of white replacement more than 400 times on his show. Calls to violence are normal in rightwing media. Calls to resist white replacement are normal in rightwing media. The inevitable result is the violent promotion of resistance to white replacement. Republican politicians like Arizona state senator Wendy Rogers and New York congresswoman Elise Stefanik are outraged when their one plus one turns out to equal two, but their outrage is increasingly unbelievable, even to themselves. America is witnessing a technique used in political struggles all over the world. Movements devoted to the overthrow of elected governments tend to divide into armed and political wings, which gives multiple avenues to approach their goals as well as the cover of plausible deniability for their violence.

The leftwing American political class, incredibly, continues to cling to its defunct institutional ideals. Democrats under Biden have wasted the past two years on fictions of bipartisanship and forlorn hopes of some kind of restoration of American trust. When violence like Buffalo hits, they can do little more than plead with the other side to reconsider the horror they’re unleashing, and offer obvious lectures about the poison of white supremacy. Since January 6 didn’t wake them up to exactly what they’re facing, it’s unclear what might ever wake them up. The left has not made the psychological adjustment to a conflict situation yet. But it won’t be able to maintain the fantasy of normalcy for much longer.

This is from Politico:  “European leaders decry US restriction of abortion rights.  US Supreme Court ruling adds to sense that America is out of step with other modern democracies.”

European leaders are voicing dismay and outrage about the U.S. Supreme Court decision stripping the legal right for women to obtain an abortion.

“Making abortions illegal isn’t pro-life. It’s anti-choice,” Luxembourg Prime Minister Xavier Bettel tweeted. “It’s a social & economic injustice. And just so, so wrong. Reproductive rights are not just women’s rights. They are human rights. So let’s all stand up for them.”

U.K. Prime Minister Boris Johnson told POLITICO: “I’ve got to tell you, I think it’s a big step backwards.”

Speaking at a news conference in Rwanda, where he was attending a Commonwealth meeting, Johnson said: “I’ve always believed in a woman’s right to choose and I stick to that view and that is why the U.K. has the laws that it does.”

The U.S. court ruling overturning the landmark Roe v. Wade precedent, which had protected a woman’s right to obtain an abortion, is just the latest development that has left Europeans bewildered about the deep political polarization in the U.S.

“There is still a long way to go for gender justice,” German Chancellor Olaf Scholz said in a tweet. “Women’s rights are threatened. We must defend them resolutely.”

Along with years of inaction in Washington in response to an epidemic of mass shootings, endemic racism, the exorbitant costs and limited access to medical care, and meager government-protected maternity benefits, the abortion decision has reinforced a sense in Europe that the U.S. is oddly out of sync with most modern, civilized democracies.

Despite this sense that the U.S. is negligent when it comes to basic social protections for its citizens, the country remains a global political and cultural touchstone, and its domestic political perturbations still reverberate across the two oceans that often keep U.S. citizens relatively distant and disconnected from tribulations elsewhere.

“Very concerned about implications of @USSupremeCourt decision on #RoeVWade and the signal it sends to the world,” Belgian Prime Minister Alexander De Croo tweeted. “Banning abortion never leads to fewer abortions, only to more unsafe abortions. Belgium will continue to work with other countries to advance #SRHR everywhere,” he wrote, using the hashtag for “sexual and reproductive health rights.”

At least BOJO knows how to read a room or a country in this case.

The more I read, the more disgusted I become. I’m not sure what President Biden has up his sleeve other than a few panaceas that have to do with the availability of pharmaceutical birth control and abortion.  He needs to start thinking out of the box or else women will find more radical ways to solve the problems. He also has some interest in seeing that women can get to safe-haven states.

However, since many women needing abortions are poor, I’m not sure he needs to address just availability.  Louisiana women will need to travel 600 miles.  This is why I’ve been tweeting to every public official I know to consider a Fleet of Women’s health clinics where women in the south–a terribly underserved group–can get access to ALL the healthcare they need.  We need to fund these women.

We haven’t heard from Speaker Pelosi for several days.  Congress is on vacation and I certainly hope it’s a working one.  Congresswoman Ocasio has been out on the press circuit.  I’m with AOC on this one.

Now is the time for all of us to come to the aid of our country.  Our democracy is sinking fast.

What’s on your reading and blogging list today?


Frank Friday Reads

Ghislaine Howard, Self Portrait Pregnant, 1984. © Ghislaine Howard.

Happy Friday Sky Dancers!

I’m going to make this entire weekend TV-free. It’s easy for me because all forms of sportsball bore me and I certainly don’t need to see the endless talking heads as it’s been a depressing enough week already. Most movies and tv shows bore me too so my plan is to read and do creative stuff. I’ve got pies to bake, pictures to paint, and music to make!

There were a lot of depressing and insulting things argued during the Mississippi Forced Birth Enslavement and child-trafficking law loved completely by the out-of-touch right-wing Christianists on the court. They must have missed being exposed to the idea that women have moral agency during their important lessons in life sessions. BB covered a lot of it yesterday.

A lot enraged me but none more than the white savior complex of Amy “great white savior” Coney Barret. She seems to feel since she adopted two black children and saved them from whatever hell she imagines with her white nationalist vision and missionary position she can ride to the rescue of all zygotes and embryos everywhere in the country. She feels she knows what’s right and that adoptions are just the answer to everything surrounding a woman’s pregnancy. Adoption justifies the state enslavement of pregnant women resulting in state trafficking of commodity babies. It’s her perfect concoction of everything is better when the rest of us are just the property of white men.

I’m sure as many of you have experience with friends that were adopted and also couples that adopted for a variety of reasons. Even with all the best intentions and best parenting, I’ve never met an adopted person that hasn’t presented some combination of similar emotional and psychological issues. They always feel lacking in a way that I never experienced even though they can be a tremendous variation on that theme. My first real experience came with a young black woman who was adopted by a kind elderly white couple and never quite felt she fit into any community that she met. I’ve always hoped that since multi-racial families are more prevalent that has become less of an issue. I also had a friend who adopted a boy only to find out a procedure could take care of her fertility problems. She then had four kids right after him. His biggest problem was one of his grandfathers continually reminding him that he wasn’t really theirs. Then, another friend had been adopted by a white couple because they wanted her baby. It took years for her to be able to tell her son that he wasn’t her brother. They really couldn’t be bothered with her after the boy was born.

Stuff like this leaves scars. And these are examples of what most people would call successful adoptions. None of the parents in these scenarios are the monsters that many adopted or foster kids get a place with. I won’t even share the trauma I’ve seen an adopted nephew go through even though his parents try everything. Every time a girl breaks up with him he goes through a loss like I’ve never seen in a person. At the moment, I live with someone who was adopted and it’s a variation on this all over. She’s got a form of detachment disorder and just is constantly in therapy over those issues and other personality disorders. She spent time in an orphanage. She loves her parents. They’re annoying in the same way most parents are but again, there are just issues that come along with all that and some people handle it better than others or have been further complicated before they get to their adopted family. It’s a forced birth fairy tale that adoption all rainbows and unicorns for everyone!

Gustav Klimt – Hope, II, 1907

These kids didn’t end up in the foster system although a few came from orphanages. I want to share these three articles with you written today. BB shared a few yesterdays. Don’t get me wrong. Adoption isn’t like they used to do which was to dump a girl in an unwed mother’s home, take the child from her, then put the child wherever. But, it still has that feeling that the state shouldn’t be forcing child trafficking and making women nothing but vessels. This is the worst kind of state interference in a woman’s moral agency. It’s autocratic and it’s purely based on one’s interpretation of a few religions. Babies are not commodities. Fetuses cannot live on their own and women do not just play passive host vessels. My last much wanted pregnancy nearly killed both of us and me several times with cancer I developed during it. Every woman has a different story and every child has a different story. The state just can’t write us all off under one big power grab like we’re all property. It’s a woman’s decision to make. PERIOD.

This is from New York Magazine: “Amy Coney Barrett’s Adoption Myths. “They’re co-opting our lives and our stories.” written by Irin Carmon’.

Twice in oral arguments this week for the abortion case that could overturn Roe v. Wade, Supreme Court Justice Amy Coney Barrett asked pro-choice advocates: Would banning abortion be so bad if women could just drop their newborns at the fire station for someone else to adopt? She conceded that forced pregnancy and birth are “an infringement on bodily autonomy,” but suggested, misleadingly, that the real choice is between having a later abortion and “the state requiring the woman to go 15, 16 weeks more and then terminate parental rights at the conclusion.”If advocates for abortion rights were so worried that “the consequences of parenting and the obligations of motherhood that flow from pregnancy” would harm women, asked Barrett, who adopted two children from Haiti, “Why don’t the safe-haven laws take care of that problem?”

The attorney for the clinics, Julie Rikelman, reminded Barrett that it’s 75 times more dangerous to give birth in Mississippi than to have a pre-viability abortion, disproportionately threatening the lives of women of color in particular. U.S. Solicitor General Elizabeth Prelogar said citing laws where parents can relinquish their newborns, no questions asked, “overlooks the consequences of forcing upon her the choice of having to decide whether to give a child up for adoption. That itself is its own monumental decision for her.” People who have lived and studied the realities of adoption also had a lot to say about Barrett’s blithe solution — one that drew on a well-established conservative political strategy to put adoption forward as the kinder face of the anti-abortion movement.

The day after oral arguments, I had a conversation with Angela Tucker, a transracial adoptee, host of The Adoptee Next Door, and media consultant; Kate Livingston, Ph.D., a birth parent and educator of women’s, gender, and sexuality studies; Kathryn Joyce, journalist and author of The Child Catchers: Rescue, Trafficking, and the New Gospel of Adoption; and sociologist Gretchen Sisson, Ph.D., who studies abortion, adoption, and reproductive decision-making in the United States.

Pablo Picasso Pregnant Woman Vallauris, 1950

Please go read the questions and answers in this conversation. They are enlightening, to say the least. Elizabeth Spiers writes this for the New York Times: “I Was Adopted. I Know the Trauma It Can Inflict.”

As an adoptee myself, I was floored by Justice Barrett’s assumption that adoption is an accessible and desirable alternative for women who find themselves unexpectedly pregnant. She may not realize it, but what she is suggesting is that women don’t need access to abortion because they can simply go do a thing that is infinitely more difficult, expensive, dangerous and potentially traumatic than terminating a pregnancy during its early stages.

As an adoptive mother herself, Justice Barrett should have some inkling of the complexities of adoption and the toll it can inflict on children, as well as birth mothers. But she speaks as if adoption is some kind of idyllic fairy tale. My own adoption actually was what many would consider idyllic. I was raised by two adoptive parents, Alice and Terry, from the time I was an infant, and grew up in a home where I knew every day that I was loved. A few years ago, I found my biological mother, Maria, and three siblings I didn’t know I had via a DNA test and Facebook.

The first time I spoke to Maria on the phone — she lives in Alabama, not too far from my parents, and I live in Brooklyn — she apologized repeatedly for giving me up and told me she loved me and that I would always be family. “You are blood,” she would say later. I told her, and continue to tell her, every time she brings it up, that the apology is unnecessary. I had a wonderful childhood and I believe she had made the right decision. But she remains heartbroken about the years we missed together.

Both Maria and my mom, Alice, oppose abortion on religious grounds. My mom is white and Southern Baptist; Maria is Hispanic and Pentecostal. Both like to point to me to justify their beliefs, saying that had Maria gotten an abortion, I would not exist. It’s a familiar argument: The anti-abortion movement likes to invoke Nobel Prize winners who might never have materialized, or potential adoptees who might have cured cancer, if they hadn’t been aborted at eight weeks.

Here is my third offering on this topic.

You could make the argument that from Alito on … they all should step down. They were hired by the Republicans to tank Roe and whatever follows that insults their personal religious fetishes. We all have the right to practice our religions but not to force them on others via the state. It’s hard to believe they’re on the Supreme Court and they have such open disdain for the First Amendment of the Constitution.

‘How brilliant to paint yourself changing’ … Chantal Joffe’s 2004 self-portrait Photograph: © Chantal Joffe Courtesy the artist and Victoria Miro, London/ Venice

When should a Supreme Court justice’s deeply held religious beliefs require recusal — that is, that the justice not participate in a particular case? A difficult question, to be sure, but one that Justice Amy Coney Barrett has already answered for herself. And her answer requires her recusal in abortion cases.

The Supreme Court hears arguments in Dobbs v. Jackson Women’s Health Organization Wednesday, which challenges the constitutionality of Mississippi’s ban on abortions after 15 weeks of pregnancy.

Under current precedent, the law is unconstitutional — as both the district court and the court of appeals held. Both Roe v. Wade, decided in 1973, and Planned Parenthood of Southeast Pennsylvania v. Casey, decided in 1992, hold that a state cannot ban abortions prior to viability, approximately the 24th week of pregnancy. Mississippi has asked the Supreme Court to overrule those precedents.

To follow her own words in a 1998 law review article, Barrett should have recused herself from deciding this case (and all other abortion cases) if she has any integrity at all.

In “Catholic Judges in Capital Cases,” published in the Marquette Law Review, Barrett (then a law clerk to a federal court of appeals judge) and her co-author address the dilemma that faces devout Catholic judges in capital cases. She writes that such judges are “obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty,” but they are also “obliged to adhere to their church’s teaching on moral matters.” They are therefore “morally precluded from enforcing the death penalty.”

What’s a Catholic judge to do, then? According to Barrett’s article, the judge must recuse herself. She can neither enforce the death penalty and violate her religious conscience, nor fail to enforce it and violate her oath of office.

And even in a case in which a judge has discretion whether or not to sentence a convicted criminal to death, he cannot resolve to keep an open mind and then claim to have done nothing wrong if he decides not to impose the death penalty. Because, Barrett writes, “A judge who suspends his moral judgment during sentencing sets his conscience aside” and “cuts himself loose from his moral moorings.” That unloosing is itself a sin, she concludes — analogous to “looking lustfully at a woman” and thus committing adultery “in his thoughts.”

Barrett’s bottom line is that an “observant Catholic judge” may not “formally cooperate in bringing about the defendant’s execution.” And for that reason, “if one cannot in conscience affirm a death sentence the proper response would be to recuse oneself.” To do otherwise is to “betray a public trust” by manipulating the law “in order to save lives.”

Well, Well, Well!

Celebration of the body … Jenny Saville’s Electra (2012). Photograph: Prudence Cuming/© Jenny Saville. Photo: Prudence Cuming Associates. Courtesy the artist and Gagosian.

Here are a few other links to how Christianists are forcing everyone to follow their distinct takes on Christianity. They sound more like the Taliban every day. And take it from me, as a former Methodist who was frequently called not a real Christian, they will come for all of you.

Also from The Hill: “North Dakota school superintendent slams critical race theory, calls to teach ‘Christian heritage'”.

A North Dakota school district superintendent sent an email that says racial injustice is being pushed by a “political ideology,” called for a “Christ centered Republic” and deemed critical race theory “bigotry cloaked in academic theory,” according to InForum.

The news service, which obtained a copy of the email that was sent to a North Dakota Council of Educational Leaders-run listserv, reported that in Starkweather Public School District Superintendent Larry Volk’s email, he said that it was “time to move away from godless corrupt woke, left-wing ideology and back to the devout Christ centered Republic the founders envisioned.”

Volk also vowed in his email that critical race theory “will never be taught in our district. We will not teach institutionalized bigotry promoted by the left.”

“Racial injustice has been pushed by a political ideology — not a race of people. There is no systemic racism in America created by our Founding Fathers — the racism is the project of the godless Democrat party that has rejected god, family, faith and America and embraced secularism in the form of Marxism,” Volk said in another portion of the email.
“My district will continue to teach the Christian heritage and origins of the American Republic focusing on primary source documents from the founding era,” he added.

In an email to The Hill, Volk defended his email, which included some political commentary regarding a list of historical events, figures and groups, saying that “my goal is simply to teach as accurately as I can.”

Yeah, Jesus the street preacher and social justice warrior would surely not recognize the description of his work here.

My last set of links is basically a group of writers telling Dems to face the culture warriors .head-on and decimate them. As Amanda says below, “fight early and fight often.” There are also some gun fetishists that need to be dealt with.

In one good piece of news, there’s this. McConnell folded like a cheap umbrella.

In other good news, Donald Trump is still NOT president. We’re just back to fighting old battles like Women’s Rights, Voting Rights, and probably GLBT rights shortly. Have a peaceful and joyful weekend!

What’s on your reading and blogging list today?


Friday Reads: The party of kooks and nutters

Hi Sky Dancers!

I really was looking for something meaty to post about today but there seems to be mostly about the slide of the Republican Party into abject delusion and insanity.  Last night, on Brian Williams, I had to look twice at the sight of Rudy Guiliani basically being a hype man for the My Pillow psycho.  Guiliani evidently has a youtube channel and last night’s performance of abject fellating of a man that could help him with his legal bills was eye-opening.  I thought it resembled that old Dan Ackroyd SNL character.

This is from Newsweek: “Rudy Giuliani Features MyPillow Ads as Mike Lindell Says Donald Trump Will Be President in August’.

Rudy Giuliani, an attorney for Republican former President Donald Trump, is running advertisements for MyPillow on his YouTube show. Meanwhile, MyPillow CEO Mike Lindell has publicly said that Trump will return to the White House in August despite losing the 2020 election.

“I’m been sleeping on MyPillows for some time. I love them. They’re simply the very best pillows ever made,” Giuliani said in the most recent episode of his YouTube show, Rudy Giuliani’s Common Sense. The 53-minute episode asked whether UFOs are real, in reference to a forthcoming Pentagon report on UFOs.

Giuliani continued the ad by stating that he “just found out” that MyPillow also offers other non-pillow products. When mentioning their slippers, he brandished a pair at the camera.

GEORGES ROUAULT (1871-1958) Clown de profil

BB talked about some of this craziness yesterday.  I think he’s doing his usual signalling to the hounds of hell to give him another coup attempt in August.  This is Amanda Marcotte’s take:”How do we report on Trump’s dastardly schemes without amplifying his lies and incitement? Trump’s blog failed, so he’s inciting followers through media leaks. Does that make journalists his accomplices?”

It is likely no coincidence that right around that time, stories based on claims by anonymous sources “close to Trump” (which often means Trump himself) started to tick up. It began when New York Times reporter Maggie Haberman, a longtime outlet for Trump “leaks”, tweeted that Trump has been telling people close to him that he believes he’ll reinstated as president in August. This tweet echoed a conspiracy theory from the QAnon and Q-adjacent world, and coincided with an uptick in far-right chatter about how the American right should look to Myanmar’s February military coup for inspiration.

After Haberman’s tweet, the Washington Post strengthened this narrative with a story about how Trump is “increasingly consumed with the notion that ballot reviews pushed by his supporters around the country could prove that he won” and is peddling the idea that such “audits” — which are deliberately messy and nonsensical affairs — “could result in his return to the White House this year.” The Daily Beast confirmed that “the ex-president had begun increasingly quizzing confidants about a potential August return to power.” This reporting gave Fox News all the excuse they needed to amplify the message. Even though that came in the form of Lara Trump, his daughter-in-law, denying the reporting, the end result was another round of news stories reinforcing the basic concepts: August is the month. A violent coup. Trump’s miraculous reinstatement.

This is entirely too similar to the way Trump got the message out to his followers to stage a revolt on Jan. 6, through winking and nudging. So far, the big difference is that no exact date and location, as far as I can tell, has been established for a MAGA uprising.

As much as liberals resist the idea that Trump has any wits at all, what he’s doing is not exactly mysterious. He wants to get this particular message out, vaguely claiming that a glorious revolution will restore him to power later this year, and he’s using the mainstream press to do it. To make things worse, he’s exploiting the liberal desire to point at him and laugh to spread the message further. Every time a liberal shares one of these stories and calls Trump and his followers “delusional” for thinking that some extra-constitutional return to power is possible, they help spread the word — while also reminding Trump supporters how “owned” liberals would be if there really were a “storm” that swept Trump back into the White House in August.

Is it to avoid this too?

But the nutter parade continues with the ever-shrinking numbers of screeching, hateful, white nationalist evangelical Christians.  This is good news.  Their numbers are shrinking.  This is from NPR: “How Is The GOP Adjusting To A Less Religious America?” My days in that party got limited the minute they come in riding the tails of Ronnie Raygun and Pat Rob’em all Robertson.  Talk about another grift operation.  No wonder they grabbed onto Mister Two Corinthians.

The Clown by Auguste Renoir, 1868

In fact, the U.S. recently passed a religious milestone: For the first time, a majority of Americans are not church members, Gallup found this spring.

Over the last decade, the share of Republicans who are church members fell from 75% to 65%, according to Gallup. That’s a solid majority but also a sizable fall.

The key bloc of white evangelicals is also shrinking as a share of the population, while the share of religiously unaffiliated Americans grows.

This makes religion one key part of a looming, long-term demographic challenge for Republicans, says Whit Ayres, a Republican pollster.

“Republicans clearly have a stronger hold among the religiously affiliated, especially evangelical Protestants. And consequently, any decline in evangelical Protestant affiliation is not good news for the GOP,” he said.

The upshot, to Ayres, is that a party still deeply entwined with conservative Christianity and, particularly, white evangelicals will eventually have to win over more Christian conservatives — for example, among the growing Hispanic electorate — or make gains among substantially less-religious groups, like young voters.

Already, they’re directly inserting themselves in the Israeli ousting of Bibi. This is from All Israel News. “Will Christians support new Israeli government? Many will. But one prominent Evangelical has declared war on Naftali Bennett, sent scathing letter denouncing him with profanity – ‘I will fight you every step of the way'”.  They just can’t seem to stick to clothing and feeding the poor and homeless.

The apparently imminent demise of the Netanyahu government is coming as a shock to the 60 million pro-Israel Evangelical Christians in the United States.

In recent days, I have received many concerned emails and text messages from Evangelical leaders asking me what is happening, why, and what the implications of this political earthquake are likely to be.

By and large, Evangelicals have come to love and respect Prime Minister Benjamin Netanyahu, the longest serving premier in the history of modern Israel.

By contrast, most have never heard of Naftali Bennett, the right-wing former chief of staff to Netanyahu and former defense minister in Netanyahu’s Cabinet, who now appears poised to replace Netanyahu as the nation’s next prime minister.

Most have not heard of Yair Lapid, the centrist former finance minister and incoming foreign minister, either.

But they will soon.

To be clear, it is far too early to be sure that Bennett and Lapid and their colleagues will actually be sworn into office.

They have many opponents, who are working feverishly to derail their nascent new government.

But if they do come to power, one key question is whether Bennett and Lapid can quickly build relationships and trust with American Evangelicals – and Evangelicals worldwide – who are among the most important strategic allies that the State of Israel has.

There’s also one less congregation in Tennessee.  This former California TV star–who I never heard of–and his now late wife preached fat people could not get into heaven because of the sin of gluttony.  Their schtick was a diet.  I think if you see the pictures you’ll see this poor woman had body dysmorphia.   These kinds of things really confuse me.  Guess where they were going?

Clown tragique
Georges Rouault
Date: 1911
Style: Expressi

You have to wonder what the discussions these days are between George and brother Jeb Bush on this. From WAPO: “George P. Bush is running for attorney general in Texas — and courting Trump.”  Trump was brutal during the first primary and “low energy Jeb” took a lot of hits.

George P. Bush’s campaign video does not mention the Republican political dynasty that preceded him. Not his father, the former governor of Florida. Nor his uncle, the 43rd president of the United States. Nor his grandfather, the 41st.

The video does pay homage to former president Donald Trump.

“Under the leadership of President Trump our country was strong and vibrant again, but because of the failed leadership of liberal ideas, our country is suffering,” said George P. Bush, who this week launched a 2022 bid to become Texas attorney general. The state land commissioner is channeling and courting Trump despite the 45th president’s past attacks on elder members of the Bush family — a sign of Trump’s still-strong hold on a transformed GOP.

Scholars of Texas politics said the Bush name can still be a plus in the state, but also saw Trump’s endorsement as a big prize in the GOP primary for attorney general, where George P. Bush will face incumbent Attorney General Ken Paxton. Paxton is staunchly pro-Trump and last year.

Okay, enough of this!  Hopefully, you’ll see me on Monday with something newsy and less sleazy!  Have a great weekend!  I’m still feral but going to get my eyes checked this afternoon.  My post-vaccine life means catching up with doctor appointments, etc.  Have you dressed up and gone out into civil society yet?

Oh, wait, one more idiot before I go.

Evidently, you pay $19.99 to Direct Message him and he may or may not answer.   Cocaine is a helluva drug.  It’s also not cheap and neither are lawyers.  So, we’ve got the grift going.  Enjoy the laugh!

What’s on your reading and blogging list today?

And now, not going down the “Send in the Clowns” road!


Friday Reads: This and that and the other …

“The popular artist @PENPENCILDRAW created an illustration in response to that ruling, depicting “an Indian judge’s guide to being an ideal rape survivor”. The illustration went viral.”

Hi Sky Dancers!

I’m still exhausted from end-of-term madness. We’re still caught up in reacting to Trumpist news.  I’ll go there but not quite yet.

My neighbor tweeted this BBC article this morning on the terrifying rape culture in India.  Read this and see how the judge on the case dismissed a work-related rape.  It’s horrifying!  I need to post a trigger warning here!  The judge actually describes what he finds “appropriate” behavior for a rape victim. There should be global outrage on this one.

As many of you may know, I’ve been an advocate of battered women and children and also rape victims since high school.  I’ve been involved in this well into my current state of cronehood.  I fear for my daughters and for my soon-to-be-born granddaughters.  How can we ever get rid of these attitudes?  This is from India but I’ve run into these same attitudes here.

The illustration came from the following article.

Arianna Vairo

From the BBC World News article above:

Is there an appropriate way for a rape victim to behave?

That’s the question many are asking in India after a judge threw out charges against a man accused of raping a female colleague and questioned the behaviour of the alleged victim.

Judge Kshama Joshi wrote that in photographs taken shortly after the alleged assault, the young woman was “smiling and looked happy, normal, in [a] good mood”.

“She did not look disturbed, reserved, terrified or traumatised in any way even though this was immediately after she claims to have been sexually assaulted,” the judge wrote in a 527-page judgement.

The charges against Tarun Tejpal, the high-profile former editor of Tehelka magazine, were dismissed. The Goa government, which has appealed the decision, asked on Thursday for an early hearing, saying “we owe it to our girls” and that the acquittal order was “erroneous in law” and “unsustainable”. The High Court judge agreed and said he would hear the case on 2 June.

Endless debunking of these myths has led to little progress.  The root causes are power and control.  Never forget!

The fight to remove power and control from women also continues on the fight to preserve access to legal abortions.  This is from WBUR: “The Supreme Court, Abortion And The Anti-Abortion Movement’s Long Game.” The forced birth movement will never be satisfied an end to Roe V Wade.  Here’s a list of articles discussed in the broadcast.

CNN: “How Trump and McConnell set the final pieces for the Supreme Court to reconsider Roe v. Wade” — “Conservatives have been waiting decades for this moment: a transformed Supreme Court on Monday agreed to hear an abortion case that directly challenges women’s reproductive rights tracing to the 1973 Roe v. Wade milestone.”

Wall Street Journal: “The Mississippi Abortion Case at the Supreme Court: What You Should Know” — “The question of abortion rights is making a return to the Supreme Court, with justices on Monday agreeing to hear a challenge to a Mississippi law that bans abortions after about 15 weeks of pregnancy.”

Ms. Magazine: “Unprecedented Surge in Anti-Abortion Laws Proposed and Passed Across the U.S.” — “In the first four months of 2021, anti-abortion lawmakers introduced 536 abortion restrictions in 46 states, including 146 abortion bans, according to a report released by the Guttmacher Institute on Friday. They enacted 61 restrictions in 13 states, including eight bans that would go into effect if the Supreme Court overturns Roe v. Wade. Governors signed 28 restrictions into law in eight states just last week.”

The Hill: “Democrats: Roe v. Wade blow would fuel expanding Supreme Court” — “Democratic senators say if the Supreme Court strikes a blow against Roe v. Wade by upholding a Mississippi abortion law, it will fuel an effort to add justices to the court or otherwise reform it.”

Susanna and the Elders, Restored – X-Ray
1998 Kathleen Gilje

The headlines are quite bleak. This is from New York Magazine and was written by By Irin Carmon and Benjamin Hart. “The Radicalism of the Abortion Law the Supreme Court Granted”.

Irin: I would call this catastrophic for abortion rights. Not even the 5th circuit, arguably the most conservative appeals court in the country, thought it was worth upholding this ban, because it so egregiously flouts almost a half-century of precedent. There’s no circuit split — the dissent among lower courts that usually obliges the Supreme Court to step in. The court has had many chances to change its rule as to whether states can ban abortion before viability and never has. This suggests at least four justices (which is how many it takes to take up a case) think now is the time.

This is the from the local Erie News about the radical set of abortion legislation advanced by republicans in the Pennsylvania house.  I have not put the headline up because it contains mislabelling of the Forced Birth movement

Pennsylvania conservatives have previously pushed anti-abortion legislation, but several bills have stalled in committee, including when the Republican-controlled Legislature had a Republican governor to sign their agenda into law.

Former Republican Gov. Tom Corbett in 2011 signed into law stricter standards for abortion clinics and in 2013 signed a law that denied abortion coverage through Obamacare.

But nothing as restrictive as what was introduced Tuesday got close to law during the Corbett years.

The three bills Republicans advanced this week include a heartbeat bill that would ban abortions once a fetal heartbeat is detected; a ban on abortions after a Down syndrome diagnosis; and another that requires medical facilities to disclose burial options for miscarriages and abortions.

Rep. Kate Klunk, R-York County, said during the committee meeting that supporting the ban on abortions after a Down syndrome diagnosis is a “no brainer.”

“We shouldn’t allow them to be discriminated against,” she said.

“Children with Down syndrome, they lead amazing lives,” Klunk added. “They are contributing in so many ways, but they need the chance at life to be able to do that.”

Rep. Dan Frankel, D-Allegheny County, called the ban “dystopian” during the meeting and said the General Assembly is creating more fear while denying access to healthcare.

Rep. Frank Ryan, R-Lebanon County, introduced the bill on burial options because of his own experience after losing a child, a story he has shared previously.

He said he was “asking the ladies in the room” to “recognize how men feel.”

He said his bill is optional and gives families a chance at closure after losing a baby, he said.

“This is about giving choice to those people whose faith says that life begins at conception,” Ryan said.

Frankel argued that Ryan’s bill mandates cremation or burial and does not make it optional after abortion or miscarriage. To get a burial, a death certificate would also be required for abortions and miscarriages.

This is also about power and control.  This is from The Guardian “Anti-abortion movement bullish as legal campaign reaches US supreme court.”

The anti-abortion movement in the US is emboldened and optimistic after the supreme court announced it would hear a direct challenge to laws underpinning the right to abortion in the US, and Texas enacted a law intended to ban abortion after six weeks.

The high court decision to take up the case and the Texas move come during the most hostile year for reproductive rights in the nearly half-century since pregnant people won the constitutional right to choose whether to terminate a pregnancy in the landmark 1973 case Roe v Wade.

“The long-predicted scaling back of abortion rights by the supreme court just got a lot more likely,” said Mary Ziegler, a legal historian, author of Abortion and the Law in America: Roe v Wade to the Present, and law professor at Florida State University.

Today, abortion is legal in all 50 states up to the point the fetus can survive outside the womb, a legal concept called “viability” established in Roe. This is generally understood to be about 24 weeks (a full-term pregnancy is 39 weeks).

The case taken up by the court, called Dobbs v Jackson Women’s Health Organization, will answer whether Mississippi can limit abortion to 15 weeks, and is brought by the state’s last abortion clinic. If upheld, it would reduce by more than two months the time in which a woman could choose to terminate a pregnancy.

“It’s really hard to see why the court would take this case unless they’re interested in reversing part of Roe or all of Roe,” said Ziegler. Further, the court chose to answer “the most explosive question in the case”, which “suggests they’re not really worried about the political fallout”.

On the right, the hopes are clear: that the court will end the legal right to an abortion, and potentially allow room to criminalize the procedure.

“We’re all hopeful the court will be intellectually honest and acknowledge what the science is clear on – that a unique human life starts at fertilization,” said Lila Rose, founder and president of the anti-abortion advocacy group Life Action. Rose is widely seen as the face of the millennial anti-abortion movement.

Mississippi is just one of 29 states across the south and midwest considered hostile to abortion rights, where 58% of American women of reproductive age live, and which would probably act to further restrict abortion rights.

The supreme court case represents the most severe challenge ever presented to Roe, and is a reflection of how the country has splintered in a decade of Republican-led voting restrictions and partisan gerrymandering, the process of redrawing politicians’ districts to favor one party.

“We’re becoming two countries, and your voting rights and your reproductive rights are increasingly likely to depend on where you live,” said David Daley, a senior fellow at FairVote and the bestselling author of Rat F**ked: Why Your Vote Doesn’t Count.

The Rape of the Sabine Women, by Pablo Picasso, 1962

The purge continues in education.  Not only is sex education in many states illegal but now summer school classes in Oklahoma have been cancelled because they don’t teach the white male version of racism. From Oklahoma City Local News station 5: “Oklahoma teacher says summer class canceled due to bill that bans teaching critical race theory.”

A teacher is disappointed with Gov. Kevin Stitt after one of her summer classes was canceled due to House Bill 1775, which bans educators from teaching certain concepts of race and racism.

Melissa Smith told KOCO 5 that she’s taught race theory-type classes for six years and is confused why there’s an issue now.

“I’m not happy. This is information everyone needs to know,” Smith said.

The high school and community college teacher said House Bill 1775 has caused her to lose a class she was supposed to teach this summer at Oklahoma City Community College.

“I’ve actually been teaching race and ethnicities in the United States for multiple years,” she said.

The recently signed legislation restricts what can be taught about racial divisions through history in Oklahoma classrooms.

“I got an email a week or so ago, saying due to this new law, they were canceling my completely full race and ethnicities class,” Smith said.

Her students won’t be able to take her class even though it was required for some to graduate. Also, Smith won’t be paid.

“This was a huge chunk of my income,” she said.

When Stitt signed the bill, he said, “We can and should teach the history without labeling a young child as an oppressor or requiring he or she feel guilt or shame based on their race or sex. I refused to tolerate otherwise.”

Yaqiu Wang • CHINA

So, this is AmeriKKKa.  This is from The New Yorker and Susanne B. Glasser: “American Democracy Isn’t Dead Yet, but It’s Getting There.  A country that cannot even agree to investigate an assault on its Capitol is in big trouble, indeed.”  

Before leaving town for their Memorial Day recess, in fact, Senate Republicans were expected to use the legislative filibuster for the first time this session to block the proposed bipartisan panel. Their stated arguments against a commission range from the implausible to the insulting; the real explanation is political cynicism in the extreme. Senate Minority Leader Mitch McConnell, who is so far delivering on his pledge to focus a “hundred per cent” on blocking Biden’s agenda, even claimed that an investigation was pointless because it would result in “no new fact.” John Cornyn, a close McConnell ally, from Texas, was more honest, at least, in admitting, to Politico, that the vote was all about denying Democrats “a political platform” from which to make the 2022 midterm elections a “referendum on President Trump.” For his part, Trump has been putting out the word that he plans to run for reëlection in 2024—and exulting in polls showing that a majority of Republicans continue to believe both his false claims of a fraudulent election and that nothing untoward happened on January 6th. Needless to say, these are not the signs of a healthy democracy ready to combat the autocratic tyrants of the world.

“Turns out, things are much worse than we expected,” Daniel Ziblatt, one of the “How Democracies Die” authors, told me this week. He said he had never envisioned a scenario like the one that has played itself out among Republicans on Capitol Hill during the past few months. How could he have? It’s hard to imagine anyone in America, even when “How Democracies Die” was published, a year into Trump’s term, seriously contemplating an American President who would unleash an insurrection in order to steal an election that he clearly lost—and then still commanding the support of his party after doing so.

This is the worrisome essence of the matter. In one alarming survey released this week, nearly thirty per cent of Republicans endorsed the idea that the country is so far “off track” that “American patriots may have to resort to violence” against their political opponents. You don’t need two Harvard professors to tell you that sort of reasoning is just what could lead to the death of a democracy. The implications? Consider the blunt words of Judge Amy Berman Jackson, in a ruling on a case involving one of the January 6th rioters at the Capitol, issued even as it became clear that Republican senators would move to block the January 6th commission from investigating what had caused the riot:

The steady drumbeat that inspired defendant to take up arms has not faded away; six months later, the canard that the election was stolen is being repeated daily on major news outlets and from the corridors of power in state and federal government, not to mention in the near daily fulminations of the former President.

It’s worth noting that Jackson released this ruling this week, the same week that Trump issued statements calling the 2020 vote “the most corrupt Election in the history of our Country,” touting himself as “the true President,” and warning that American elections are “rigged, corrupt, and stolen.”

Via HuffPo: “Sen. Lisa Murkowski Says Mitch McConnell Is Blocking Jan. 6 Commission For Political Gain.

“To be making a decision for the short-term political gain at the expense of understanding and acknowledging what was in front of us on Jan. 6, I think we need to look at that critically. Is that really what this is about, one election cycle after another?” Murkowski said.

She added: “Or are we going to acknowledge that as a country that is based on these principles of democracy that we hold so dear. And one of those is that we have free and fair elections… I kind of want that to endure beyond just one election cycle.”

So, I rather thought this post would be something else than it became as I wrote. Once again, I went down a dark rabbit hole.  We are losing our democracy and our selves in a series of right wing autocratic attempts to make laws and send them to courts stacked with religionists, autocrats, white nationalists, and enablers of patriarchy. Trumpism is radicalizing me. It’s something we must vote against, march against, and speak out against.

What’s on your reading and blogging list today?


Tuesday Reads: The End of Roe?

Illustration by Victor Juhasz

Illustration by Victor Juhasz

Good Morning!!

Today I want to follow up on what Daknikat wrote yesterday about the Supreme Court and abortion rights. Thanks to all the Bernie Bros and Hillary Haters, we ended up with Donald Trump in 2016, and he was able to appoint three right wing nuts to the Supreme Court.

We could have had the first woman president, and she could have nominated three liberals to the court. But misogyny and anti-Clinton propaganda won Trump enough electoral votes to take the White House even though he lost the popular vote. Now women will face the consequences.

 

Mark Joseph Stern at Slate: The Supreme Court Is Taking Direct Aim at Roe v. Wade.

On Monday morning, the Supreme Court announced that it will reconsider the constitutional prohibition against abortion bans before fetal viability. This decision indicates that the ultra-conservative five-justice majority is prepared to move aggressively against Roe v. Wade rather than tinker around the edges of abortion rights. The court will take on state laws that seek to outlaw abortion at early—and perhaps all—stages of pregnancy. It seems likely that the justices took this case for the express purpose of overturning Roe and allowing the government to enact draconian abortion bans that have been unconstitutional for nearly half a century.

Dobbs v. Jackson Women’s Health Organization, the case that SCOTUS took up on Monday, is not a subtle threat to Roe. It is, rather, a direct challenge to decades of pro-choice precedent. In 2018, Mississippi passed a law forbidding abortions after 15 weeks. This measure had two purposes: to restrict abortion, yes, but also to contest Supreme Court precedent protecting abortion rights. In Roe and later decisions—most notably Planned Parenthood v. Casey—the Supreme Court held that the Constitution forbids bans on abortion before the fetus has achieved viability. Since there is no doubt that, at 15 weeks, a fetus is not viable, even with the most heroic medical interventions, Mississippi’s law was clearly designed as a vehicle to let SCOTUS reevaluate (and reverse) Roe.

The lower courts understood this plan. Judge James Ho, a very conservative Donald Trump nominee, all but endorsed it when the case came before the 5th U.S. Circuit Court of Appeals. Ho urged the Supreme Court to overturn Roe—while acknowledging that, as a lower court judge bound by precedent, he could not uphold Mississippi’s abortion ban. Now the justices have vindicated Ho by accepting Mississippi’s invitation. (The court will hear arguments in the case next fall and issue a decision by the summer of 2022.) It is not difficult to guess what will happen next. But it is worth pointing out three reasons why the Supreme Court appears poised to seize upon Dobbs to eviscerate the constitutional right to abortion.

How do we know the conservatives on the Court are planning to reverse Roe v. Wade?

First, there is no split between the lower courts on the question presented in Dobbs. The Supreme Court typically takes up cases that have divided courts of appeals so the justices can provide a definitive answer that applies nationwide. Here, however, no court has claimed that, under current precedent, a state may outlaw abortions at 15 weeks. Even Ho had to admit that binding precedent “establishes viability as the governing constitutional standard.” There is no reason for the Supreme Court to hear Dobbs unless it wants to abolish this standard, which has been the law of the land for almost 50 years.

Abortion by Anil Keshari

Abortion by Anil Keshari

Second, Mississippi gave the justices several options for a more limited ruling; its petition to the court included a question that would’ve let the court modify the standard for abortion restrictions without overtly killing off Roe. But the justices rejected that alternative and agreed to consider the central question in the case: “Whether all pre-viability prohibitions on elective abortions are unconstitutional.”

This action suggests that the conservative majority is no longer interested in gradually eroding abortion rights until they are, in reality, nonexistent….

Third, and relatedly, Barrett’s impact on this case cannot be understated. Just last summer, the Supreme Court struck down laws targeting abortion clinics in Louisiana by a 5–4 vote, with Chief Justice John Roberts joining the liberals (with qualifications) to affirm the bottom-line rule that states may not place an “undue burden” on the right to abortion before viability. Less than three months later, Justice Ruth Bader Ginsburg died, and Trump put Barrett—a foe of abortion rights—in her seat. By doing so, Trump shored up a far-right five-justice majority that, by all appearances, is committed to ending Roe.

Greg Stohr of Bloomberg via The Washington Post: 

The U.S. Supreme Court has heard multiple cases in recent years from states trying to narrow the right to have an abortion, one of the nation’s most contentious issues. The next case is more sweeping than most. With its newly strengthened conservative majority in place, the court has agreed to hear Mississippi’s bid to ban abortion in almost all cases after 15 weeks of pregnancy. That could mean overturning, or at least gutting, the landmark 1973 Roe v. Wade decision, which legalized abortion nationwide….

The Roe v. Wade decision established that the decision to terminate a pregnancy was a woman’s choice to make in the first trimester, and that the state could regulate abortions only later. In the Planned Parenthood v. Casey case in 1992, the Supreme Court revisited the timing issue, saying women have the right to abortion without undue interference before a fetus is viable — that is, capable of living outside the womb. The court didn’t pinpoint when viability occurs but suggested it was around 23 or 24 weeks. In 2018, the Mississippi legislature voted to outlaw most abortions after 15 weeks. The ban, which makes exceptions only in cases of severe fetal abnormality or major health risk to the mother, was challenged by the state’s only abortion facility, the Jackson Women’s Health Organization, and deemed unconstitutional by a federal district judge and federal appeals court. The state of Mississippi appealed to the Supreme Court, arguing that viability is “not an appropriate standard for assessing the constitutionality” of abortion laws….

From Ireland--Detail from a marching banner for the Artists’ Campaign to Repeal the Eighth Amendment Banner, by Alice Maher, Rachel Fallon and Breda Mayock. Photograph by Alison Laredo, Courtesy the artists

From Ireland–Detail from a marching banner for the Artists’ Campaign to Repeal the Eighth Amendment Banner, by Alice Maher, Rachel Fallon and Breda Mayock. Photograph by Alison Laredo, Courtesy the artists

Three appointments to the court made by Biden’s predecessor, Donald Trump, have given it a 6-3 conservative majority. And Trump’s last two appointees, Justices Brett Kavanaugh and Amy Coney Barrett, replaced justices who supported the core right to abortion. If Kavanaugh and Barrett are willing to back Mississippi, abortion opponents might not even need the vote of the sixth conservative, Chief Justice John Roberts….

A decision throwing out the 1992 viability standard could immediately mean tighter abortion restrictions in a number of states. The Guttmacher Institute, which monitors and advocates for abortion rights, counts 16 states that have attempted to ban at least some abortions before viability but have been stopped by a court order.

Leah Litman and Melissa Murray at The Washington Post: Opinion: The Supreme Court’s conservative supermajority is about to show us its true colors.

On Monday morning, the court agreed to hear a challenge to a Mississippi law that would ban most abortions after 15 weeks of pregnancy — a case that poses a direct attack on the constitutional right to abortion.

The decision to take the case was unsurprising. President Donald Trump vowed to appoint justices who would overrule Roe v. Wadethe 1973 decision holding that women have a constitutional right to obtain abortions. With Trump’s three historic appointments to the high court, all that opponents of Roe needed was the right vehicle. The Mississippi case gives them just that. It will be heard in the court’s term beginning in October….

It would not be unthinkable for this Supreme Court to use the Mississippi case to jettison Roe and Casey. Although stare decisis and its principle of respect for settled precedents has long been a hallmark of U.S. law, this court has in recent years refused to be bound by established precedents.

Last year, Justices Neil M. Gorsuch and Brett M. Kavanaugh, two of Trump’s appointees, cast votes to overrule a case that had invalidated a pair of abortion restrictions. The term before that, in another case, Justice Clarence Thomas argued that the court was duty-bound to overrule precedents that were “demonstrably erroneous.” In other writings, he has railed against Roe and Casey as perversions of constitutional law. And the court’s newest member, Justice Amy Coney Barrett, has, in her academic writing, indicated that she shares Thomas’s ideas about precedents and abortion rights.

Untitled No. 5, Abortion Series, 1998, Paula Rego

Untitled No. 5, Abortion Series, 1998, Paula Rego

Even in cases where the court has not overruled past decisions, it has gone to herculean lengths to limit prior cases, broadly refashioning entire areas of law without explicitly overruling the decisions undergirding those doctrines. And this approach might be what lies ahead for abortion.

Rather than overruling Roe and Casey, the court might say that viability is no longer a meaningful marker for determining when a state may restrict a woman’s right to choose — a decision that would be as consequential as scuttling Roe itself. It could allow states to restrict access to abortion at any point during pregnancy, sharply curtailing reproductive rights as lower courts reconsider the constitutionality of bans on abortion after 12 weeks, 10 weeks or six weeks of pregnancy. Under Roe and Casey, courts easily found all such laws unconstitutional because they prohibited abortions before viability. If the court erases viability’s significance, many abortion restrictions once easily struck down will pose more difficult questions for reviewing courts.

Read the whole thing at the WaPo.

According to The New York Times, anti-abortion activists are celebrating: ‘A Great Sense of Inspiration’: Anti-Abortion Activists Express Optimism.

Anti-abortion activists across the country expressed optimism on Monday that they might be on the cusp of achieving a long-held goal of the movement: overturning Roe v. Wade, the 1973 Supreme Court decision that extended federal protections for abortion.

The Supreme Court announced on Monday morning that it would consider in its next term a case from Mississippi that would ban abortion after 15 weeks of gestation, with narrow exceptions….

It is the first abortion case under the court’s new 6-3 conservative majority, and activists expressed hope that this case would be the one to remove federal protections for the procedure. Such a ruling would give the right to regulate abortions at any point in pregnancy back to the states, many of which in the South and Midwest have imposed tough restrictions.

“There’s a great sense of inspiration across the country right now,” said Mike Gonidakis, president of Ohio Right to Life. “This is the best court we’ve had in my lifetime, and we hope and pray that this is the case to do it.”

In a statement, Marjorie Dannenfelser, president of Susan B. Anthony List, a national anti-abortion organization, called the court’s move “a landmark opportunity to recognize the right of states to protect unborn children,” and noted that state legislatures have introduced hundreds of bills restricting abortion in this legislative season.

At The Daily Beast, Emily Shugerman writes that Biden is being criticized for not doing enough to protect abortion rights: Abortion Is on SCOTUS’ Radar—and Biden Is Getting Heat.

Abortions rights advocates cheered when Joe Biden was elected, heralding his win as a “seismic shift” and a “welcome change.” Now, with the nationwide right to an abortion on the line, they’re getting a little impatient.

After Abortion, by Zois Shuttie

After Abortion, by Zois Shuttie

On Monday, the Supreme Court announced it would take on a Mississippi case that has the potential to overturn Roe v Wade, the 1973 decision making abortion legal across the country. If that happens, nearly half of the U.S. would move to prohibit the procedure, according to the Center for Reproductive Rights.

Advocates see the decision to take on the case as a massive threat to abortion rights—and one Biden may not be taking seriously enough.

“He turned his back on people who have abortions as soon as he got into office,” said Renee Bracey Sherman, executive director of the abortion advocacy group We Testify. “What happened this morning at the Supreme Court is what happens when you turn your backs on us and ignore the restrictions we’re facing every single day.”

Pressure on Biden to act more decisively began mounting April 29, when more than 140 organizations called on the administration to prioritize changes to U.S. sexual and reproductive rights law recommended by the United Nations. The day before, nearly 60 women’s rights organizations—including Planned Parenthood and NARAL, which spent tens of millions of dollars to help elect the president—sent a letter to the administration asking them to increase funding for abortion and remove “unnecessary barriers” to access.

“The Biden-Harris administration and Congressional leadership must prioritize these policies for women and women of color,” they wrote, in a letter calling for multiple changes on behalf of American women. “We need to build back better for women and create lasting political, social and economic change.”

Click the link to read the rest.

There is much more news, and I’ll post more links in the comment thread, but to me this is the biggest issue right now. Women are on the verge of losing the rights we have been fighting for since the late 1960s. 

As always, treat this as an open thread.