Precedent
Hello, again. If you’re reading this, you’ve most likely heard the news. This blog post won’t be like the rest.
I was sitting at home, watching YouTube or reading a book, when the push notification from the NYT came. I picked up my phone and saw “Roe,” knowing precisely what had happened. SCOTUS overturned Roe v. Wade.
I cannot be sure if there is a word in any language that perfectly describes my feelings about this news.
The Republican Party, the political party that opposes proper sex education, opposes insurance companies covering female contraceptives, and has invested nothing in male contraceptives, has now managed to overturn the federal guarantee of a woman’s right to choose whether she could get an abortion or not. This is the party that dominates in the states with the highest rates of teen pregnancy (and divorce), touts (useless) abstinence programs, and thinks praying for children who have been shot at school will fix things. This is also the party that does not support universal healthcare, paid parental leave, and other aid programs. Somehow, they claim to be the pro-life party. If anything, they want to force more women born in a red state to carry children to term. We also don’t see republicans lining up out the door to adopt and foster children, let alone pay (via taxes) for healthcare for expecting mothers and newborns.
You might be saying, “Aidan, isn’t this a bit overboard?” No. It is not over the top. This ruling is a warning shot straight into the heart of the Constitution.
The hypocrisy of this ruling is unfathomable. You could almost feel it physically. The fact of the matter is that the majority opinion bases most of its argument on the “historical precedent.” Essentially, they’ve said that since abortion cannot be proven to be a guaranteed right since the birth of this nation, it must mean that this isn’t a right enumerated to us under the Constitution. If you would like an example of this hypocrisy, let me paint you a picture. Records from the early days of America are scarce, and technology was in its infancy. Therefore, it is unknown how many women were seeking abortions and how many have had them performed. So, why overturn a precedent? For the most part, SCOTUS decisions should stand. Only under drastic changes should a previous SCOTUS ruling be overturned. However, what has changed here? Have abortions become more deadly or frequent (beyond reason)? No. Have abortions harmed more individuals? No.
Medical advances have made it possible for fetuses to be viable earlier and earlier. This is true; I would never argue it hasn’t. However, the opposite can be said. Medical advances have made terminating a pregnancy less painful to both the mother and the fetus. However, advances in other technologies also exist—case in point, guns. Arms have become more efficient and deadly. Yet, the second amendment remains untouchable. The guns we have today are not the same as those when the Consitution was written. Does that deserve to be reviewed? Absolutely not, according to SCOTUS majority. Meanwhile, women’s bodies are entirely open to this regulation. Guns, at this point, are immune to any law according to this Supreme Court.
Therefore, all that has changed regarding this specific issue is the makeup of SCOTUS.
The ruling was 213 pages long. I read the whole thing. The majority opinion is nothing short of banter that wouldn’t look out of place from a Russian academic institution or think tank. Unfortunately, however, we are talking about SCOTUS.
Precedent has been thrown out the window. The majority opinion, essentially, makes it clear that other rights ascertained are also up for debate (or overturning). This could include LGBT+ rights and gun restrictions, among other things.
You may be thinking, “Aidan, what is the point of this whole blog post?” Let me tell you; I’m not sure of the point either. I want you to know that I am beyond pissed, both as an individual and someone who takes the rule of law to heart.
While it may seem futile and not necessarily helpful, I plead with you to get out and vote. If you do not vote, you allow everyone else’s voice to be heard except yours. I also implore you to contact your members of Congress and let them know where you stand. Lastly, talk to your friends, neighbors, and acquaintances. Regardless of political views, there has to be a consensus that most Americans can agree with on this issue.
As a liberal, I do not enjoy the idea of terminating pregnancies, but the right to access one should be enshrined and protected by federal law. Women do not get to choose where they are born. Women cannot decide whether their fetuses will be viable or nonviable. They do not decide if they will be born with defects or diseases. Sometimes, they don’t get to choose if they are healthy enough even to carry a fetus to term. Most importantly, some women do not get to choose to have a pregnancy, to begin with. Women should have the right to choose.
Why the fuck can’t a woman decide for herself what is right?
Aidan