The outrage is everywhere. Hours after Politico dropped its scoop — a first draft of the Supreme Court’s plan to strike down its own precedents on a woman’s limited freedom to control her fertility — crowds of women formed around the country to protest their imminent loss of constitutional rights.
There is scant precedent for the highest court in the land snatching back rights from the entire class of people to whom they have been granted. In fact, the Supreme Court rarely overrules itself at all, reversing precedent in barely 0.5% of cases.
The reason for this is well articulated by the majority that upheld Roe in Casey v. Planned Parenthood, the other Supreme Court precedent that the draft throws under the bus:
Roe… could not be repudiated without serious inequity to people who, for two decades of economic and social developments, have organized intimate relationships and made choices that define their views of themselves and their places in society, in reliance on the availability of abortion.
Note to everyone. It’s not “people” whose lives have been organised around the freedom from compulsory pregnancy and motherhood. It’s women.
In fact, the sooner we wrap our collective heads around the noxious singling out of one group of Americans — women — for the second-class citizenship that results when access to safe abortion is denied, the sooner we’ll recognise the upcoming Supreme Court’s decision for what it really is: a roadmap for gender apartheid.
We don’t have to guess about this. We’ve been there before. Taking our lives in our hands with knitting needles and coat hangers. Shoving Valium down our throats to cope with the children we didn’t want. The domestic servitude and violence we couldn’t escape because of our financial dependence.
None of this was an artefact of the 1950s. Instead, the domestic arrangements of the 1950s were the inevitable consequence of our reproductive slavery and the financial servitude that flowed from it. Who would hire us if we couldn’t even make a commitment to remaining unpregnant or child-free long enough to show up?
No one. Certainly not for anything that mattered or paid well, which forced us to rely on men. And as domestic abuse experts will tell you, social and financial inequality makes such reliance far more dangerous than is the case in equal relationships.
It won’t be any better this time around. My guess is it will be worse. The Supreme Court has never done this before — withdrawn rights from a defined subgroup of the population on the grounds that granting them was an egregious mistake.
The stigma will be tangible, especially as it will expose the long-standing and deep-seated reluctance of many in the country to give women equal rights. That’s why the Equal Rights Amendment (ERA) — which would have rendered this whole drama moot — was never ratified, allowing the late Justice Scalia to correctly say that the constitution does not prohibit discrimination on the basis of sex. “Nobody,” he noted (by which he meant men) “ever thought that that’s what it meant. Nobody ever voted for that.”
Which is why whether the eventual judgment mirrors this draft precisely, as some believe was the leaker’s intent, or quibbles about a few points, this is a hair-on-fire moment for American women because the writing is on the wall. Roe will be overturned, humiliating American women and having negative knock-on effects on the status of women around the world.
The lives we have built for ourselves, and want for our daughters and granddaughters, is in peril. Filibuster carve-outs to pass national legislation legalising abortion; the long overdue passage of the ERA; a national sex strike by women in the spirit of Lysistrata. It should all be tried. Try everything. Because there’s one thing we know at this dark moment, when the sky will only grow darker.
We cannot let them win.
The fact that SCOTUS is reviewing Roe v Wade and is stating that the original decision was an egregious mistake is terrifying. I stand in solidarity with my American sisters who are fighting this with everything that they’ve got. It’s such an uphill battle though. With the gerrymandering of the red states and the likes of Manchin in the Senate, the likelihood of the current Government being able to pass legislation that explicitly states that all women have the right to reproductive decisions is low. And make no mistake – once women’s rights are taken away they’ll start going after other rights too. Same sex marriage being next cab off the rank.
The GOP and the Taliban = same same
Ahh!
The good ol’ Texas Taliban strikes again. Only in America!
What next for the USA? Ban women from driving? Women allowed outdoors only with a male relative escort? Should Australia start exporting camels to Washington DC?
Australia is one step behind if we allow the lnp to stay in power!
The amount of ignorance in America, from people who do not understand how pregnancy and reproductive health works, is terrifying I was gobsmacked when I was on the MSN comment section on this article, the people that knew very little about how Women’s bodies work, it’s really sad that ill informed, or completely ignorant people are making decisions that affect Women’s lives and their choices and the choices they have to make..
The thing that does my head in is that they bang on about the rights of the fetus, keep calling it a baby even though technically it’s just a group of cells, that hasn’t developed into an entity that can sustain life external to the womb..
Well the awful part about it is they drop the ball once these baby’s are born, especially into families that maybe ill equipped to actually support this new life, there are enough unwanted children/babies in the world, are they trying to make things worse just for a “biblical ideology”..
I just hope Roe v Wade isn’t overturned and still can’t understand why it wasn’t ratified all those years ago, and passed into law…
The ramifications for this ultra conservative ruling is really concerning not just in the US, but throughout the legal system/world, as much of US case law is based on Roe v Wade, and many other similar case law, whose premise is usually set on the state’s interference in private matters, as far as I’m aware (happy to be corrected on this, if I’m wrong).
That same ignorance is alive and well in Australia, too, Lesley- I’ve come across it, particularly from evangelical Christians. Quite a lot of them would have gladly voted for Trump had they been able to because he promised to stop his country “murdering babies”. They vote LNP here because the presence of an evangelical PM and his brothers in our representative cabinet reassures them Australia is firmly on the same track. They take Morrison’s repeated attempts to push his Religious Discrimination Act through plus his support of transphobes like Deves as evidence that it’s only a matter of time if only they keep voting for the LNP.
Frightening times, indeed, given the infestation is at all levels of Australian politics.
* that should have read “unrepresentative cabinet”. Sorry.
Maybe if all the women forced to deliver babies because abortion is criminalised, dropped all the unwanted babies on the doorsteps of the strident right-to-lifers, including rabid bible bashers and govenors of the states banning abortion, for them to look after, there might be some back pedalling.
Zoe Fairbairn you ain’t – even without a head the Green Knight knew and Sir Gawain discovered, the answer to the Great Question, “What do women want?” is simple, one of them thar Eternal Verities… ‘Their children!’
Only the Widow of Windsor’s cramped, psychotic society could have produced foundling hospitals.