Which Joe Biden should voters believe? The one who, for many years, was a pro-lifer who was so extreme that he voted against federal funding for abortions even in the case of rape, incest and the life of the mother? Or the current one who says he would codify Roe v. Wade if he got the chance — which, of course, Obama chose not to do while Biden was vice president.
Georgia senatorial candidate and former NFL star Herschel Walker is campaigning as militantly pro-life and anti-choice on abortion rights. But there is credible evidence that he paid for and endorsed an abortion that his girlfriend had in the past. Because they simply want to win, Republican officials and voters are happy to overlook his brazen hypocrisy.
American media outlets smugly report human rights abuses abroad while ignoring those at home. Case in point: Iranians outraged over the death of a woman in custody of the morality police over her hijab are getting prominent coverage in the US. Meanwhile, in at least 14 states, you can’t get an abortion for any reason. In Iran, on the other hand, abortion is still legal under some circumstances.
Republicans oppose abortion rights in Congress, but Democrats have the chance to codify abortion into federal law when Obama had a 60-vote supermajority in the US Senate. He chose not to do so, saying that it was a low priority. He also made it a low priority to push through his supreme court pick, Merrick Garland, because he assumed that Hillary Clinton would beat Trump.
After Roe v. Wade was overturned by the US Supreme Court, President Joe Biden and his fellow Democrats were heavily criticized for their response, which boils down to pleas to vote for Democrats and fundraising. They were surprised because this has always been their typical response to such events.
The Supreme Court has sent a message: we’re no longer in the business of ratifying social change. No more legislating from the bench. If Americans want abortion, same-sex marriage and contraception legalized as opposed to merely tolerated, they should look to Congress.
Distraught over the overturning of Roe v. Wade, many women are searching for a quick fix—and they’re right. A 20,000-abortion-per-week nation can’t go to 10,000 overnight without dire social, economic and medical consequences. But the system won’t give us the rapid remedy we need.
Women will have to die. They’ll have to die in ugly ways. Their deaths will have to be public.
Congress won’t help. Bless her heart, Elizabeth Warren articulated the Democrats’ plan, which is magical thinking at its finest: “If we pick up two more senators [in November], we can ditch the filibuster and make Roe the law of the land.” Odds of Democrats losing seats and Senate control are solid; odds that they’ll gain two or more seats are slim to none.
Neither will the Supreme Court. Only one justice, Clarence Thomas, is likely to die in the next year or two. He’s 74, overweight and rumored to be in poor health. Even if Mitch McConnell allowed Biden to hold a vote and the president were to replace Thomas with a liberal, the conservative majority would remain 5-to-4. Adding new (liberal) justices to the Supreme Court is a pipe dream that would require a 60-vote Democratic supermajority, not to mention changing Biden’s mind about packing the court.
We the people won’t act either. Now that Roe is no more, look at what has happened in the streets: Nothing, unless you count a few sporadic, easily-ignored, low-attendance protest demonstrations. Pro-choice groups like NARAL are still fundraising, not mass-mobilizing.
Want abortion back? Women are going to have to die hard, ugly, public deaths.
A 2021 study estimates that 140 additional women will die each year in the U.S. due to complications from pregnancies that otherwise would have been terminated in abortions.
Vaguely- and carelessly-written statutes allowing for abortions in case of medical emergencies will kill even more. Women with heart conditions and diabetes are at higher risk of death during childbirth, but what level of risk rises to an emergency? Who makes the call, a doctor or a judge? How many doctors will take the safest course—for themselves—and refuse to perform a needed abortion? Some abortion bans are so sweeping that the procedure isn’t permitted even in case of a miscarriage, which can lead to fatal sepsis unless the fetus is removed.
“What does the risk of death have to be, and how imminent must it be?” University of Michigan reproductive health professor Lisa Harris asked in The New England Journal of Medicine. “Might abortion be permissible in a patient with pulmonary hypertension, for whom we cite a 30-to-50% chance of dying with ongoing pregnancy? Or must it be 100%?” Doctors in states where abortion is now illegal will probably “wait to that very last minute when it’s clear that a patient will die to do the procedure, and that’s just not an ideal time to do any kind of intervention.”
Pathetic and absurd and wrong, yet plainly true, is that the quickest and likeliest route toward codifying abortion rights into federal law will begin with one, or more likely several, highly-publicized cases of women who suffer hideous deaths because Roe is no more. If enough of those tragedies go viral on social media, there may eventually be enough horror and outrage across the political spectrum to persuade some Republicans to join Democrats into passing an abortion-rights law.
This, of course, is no guarantee. Many thousands of innocents have been slaughtered in mass shootings, all caught in gruesome high-definition video and spread via social media, yet Congress has barely begun to act on gun control measures. Cops routinely murder Black men on video yet the police remain woefully un-defunded. Women’s deaths may be like that, piling up with nary a “thought and prayer” for a generation or more until the United States rejoins the developed world and restores Roe.
Without the Supreme Court, a functional Congress or sustained, energetic grassroots activism, however, outrage prompted by social media and high-profile martyrs are all we can hope for under this current system.
(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of a new graphic novel about a journalist gone bad, “The Stringer.” Order one today. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)
The decision of the United States Supreme Court to no longer guarantee the right of a woman to get an abortion helps to expose other, equally important rights, that are not guaranteed under the United States Supreme Court or, for that matter, the United States government at all.
Political cartoonists Ted Rall and Scott Stantis debate and discuss the week’s issues from the Left and the Right. The Democrats’ Jan. 6th hearings turned interesting as a White House staffer claims she overheard the Secret Service discussing Trump’s trying to grab the wheel of the Presidential limo to lead the insurrection. Office gossip or treason? Women’s right to choose—is it toast in the red states or will a sustained campaign of protest…never mind. As Russia consolidates its gains in Ukraine, Presidents Rall and Stantis propose peace terms.
The Supreme Court just sent us a wake-up call. Pro-reality Americans, i.e. the 40% of voters to the left of the Democratic Party, should be grateful.
A freedom essential to half the population never should have hinged upon a flimsy and poorly-reasoned legal opinion. Congress should have followed the example of other countries where abortion is legal, and passed a federal law decades ago. Instead, neither party acted on behalf of women. (And let’s not forget men—many of them want/need their partners to have abortions.)
Democrats are not the answer. They had the chance to codify abortion in 2009, when they had a 60-vote supermajority in the Senate and control of the House. Then-President Barack Obama chose not to lift a finger. “Not the highest legislative priority,” Obama sneered as he focused on what he cared about, doling out trillions to Wall Street megabanks. Instead he channeled his inner laissez-faire Republican, urging Americans to “reduce the number of unwanted pregnancies.” Women should despise him and the do-nothing Democrats.
The overturning of Roe v. Wade shines a spotlight on other rights that rest upon the shaky foundation of a Supreme Court decision: men’s right to have sex with one another, same-sex marriage, marriage between different races, parental rights over child-rearing and the sale of contraceptives. This is no way to run a government.
Whether or not the right-wing majority of the Supreme Court is mean and stupid is less important than fundamental truth that has been revealed: the separation of powers is broken.
When something is important, there oughta be a law.
Not a ruling.
When a majority of voters arrive at a societal consensus on an issue like those mentioned above, a functional political system responds with a corresponding law negotiated and passed by a legislature. The U.S., however, is too riddled with partisan dysfunction and corrupted by corporate lobbyists to effectively address advances in culture and technology. Thus Congress can’t or won’t accommodate the 7 out of 10 Americans who want a European-style national healthcare system and higher taxes on the rich or the 56% who want to slash Pentagon spending.
Because Congress is impotent, the highest court of the judicial branch has been stepping in to legislate from the bench rather than limit itself to its intended role as arbiter of conflicts between laws and the constitution.
Americans have accepted the bastardization of the separation of powers because the result tended to respect popular opinion. In 2015 when the Supremes legalized same-sex marriage, for example, 57% of voters agreed. (Now it’s 71%.)
Not any more. The rightward shift of the court following Trump’s three appointees, embodied by polls that show voters wanted to keep Roe by a two-to-one margin, and that New Yorkers were 80% in favor of the SCOTUS-overturned state gun law, have exposed the limits of expediency over ordered governance. “Up until a couple years ago, it used to be the case that where the court fell was well within the lines of the average Americans’ positions,” notes Harvard public policy Professor Maya Sen. “Now we are estimating that the court falls more squarely in line with the average Republican, not the average American.”
Short of revolution—which I favor—those who wish to see American laws represent current American political and social values have one way forward. Forget the courts. Voters must force legislators to legislate and the president to sign popular bills into law.
The majority isn’t always right. Sometimes politicians should lead the people before they’re quite ready. In general, however, a representative democracy that ignores the will of the people is a failure.
Americans who support a woman’s right to choose an abortion — all women, not just those privileged enough to live in a blue state or those in red states with enough money for travel expenses—face a choice.
They can embark on something this country hasn’t seen since the 1960s with the brief exception of the 2021 Black Lives Matter demonstrations, which were unusually intense and effective because they were fueled by the COVID lockdown: a sustained campaign of angry agitation. We need a relentless round of street protests. Economic and cultural boycotts should turn red states into backwater pariahs. Voters can exert financial pressure via contributions that makes congressmen and senators on the wrong side of history and public opinion miserable enough to support a federal law legalizing abortion whether they like it or not. Republicans are obvious targets because Democrats need at least 10 GOP senators to federalize abortion rights. Democrats who aren’t fierce allies of choice (hello, Manchin) should be primaried out or face voter boycotts. Protests should erupt in every city, every day, loud and disruptive and terrifying to the powers that be.
Or pro-choicers can bemoan the HandmaidTale-ification of America, attend one or two photogenic parades on a conveniently-scheduled Sunday afternoon and recite ridiculous fantasies about packing the Supreme Court (you’d need a 60-vote supermajority) or hoping that its conservative members die under Democratic rule. Meanwhile, Southern women will have to drive a thousand miles to terminate a pregnancy
Roe was unsustainable. The liberal court was never going to last. Now that the bubble has burst, don’t whine. It’s time to organize.
(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of a new graphic novel about a journalist gone bad, “The Stringer.” Order one today. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)
The DMZ America podcast falls off of the rails hard, but first Ted and Scott discuss the SCOTUS decision to throw abortion back to the states. Earlier the court struck down a New York gun law. Then the boys discuss Ukraine and living the narrative vs reality. Finally, the conversation inexplicably turns to masturbation and involuntarily celibates aka Incels.
