Did you think that the Mississippi abortion case just heard before the Supreme Court was a challenge to the abortion rights of American women? It’s not.
The state of Mississippi, which has challenged and obstructed the expansion of civil rights at pretty much every opportunity, passed a law that essentially says, “the Supreme Court has some new personnel and we might be able to throw out Roe vs. Wade” (the 1973 case establishing a woman’s right to an abortion).
Not because of dramatic social changes or scientific advancement. No. Just because they disagree with the ruling (as is their right) and they think that five justices will agree with that argument – we don’t like it, let’s get rid of it.
Mississippi’s argument was that for 50 years this has been a source of enormous controversy and social unrest has resulted. Let’s put an end to all that, said Scott Stewart, Mississippi Solicitor General. Let’s reverse Roe vs. Wade and Planned Parenthood vs. Casey – the 1992 case that reviewed Roe and confirmed that it was correctly decided, establishing the “undue burden” standard to how states might regulate abortion. Let’s return this to the people, he said – repeatedly – and leave the Court out of this difficult and controversial issue.
So, Mississippi’s argument to the SUPREME COURT is that this is touchy business and y’all should just extract the Court and see yourselves out. “Nothing to see here.”
And this will END the politics surrounding abortion? Of course not. The objective here is to render a Supreme Court decision to be little more than a Presidential Executive Order. It only has effect until the next guy comes in and rescinds it. It will gut the legitimacy of the Supreme Court and that is very, very dangerous.
Anyone thinking that this will come to a screeching halt with a repeal of Roe isn’t thinking big enough. Minority voting rights will come along and be questioned. Women’s voting rights, too. These advocates will move on to limiting women’s rights anywhere and everywhere. They will decide that our political participation is just too problematic and controversial.
For democracy’s political arm to function it requires separation from the rule of law. We have to have independent legal review of laws passed by legislators who are subject to political winds that the courts should be free of.
An essential function of the Court is to protect the most vulnerable among us. Listening to the arguments in the Mississippi case, a 13-year-old rape victim could not hear any concern for her plight. No money, no transportation, no choices. Her state and perhaps our Supreme Court would force her to bear the child of her rapist, citing the availability of adoption and “safe haven” locations to drop off her unwanted baby.
That assumes, of course, that she survives the pregnancy herself. That was a topic completely ignored in the state’s argument.
The Court can (and must) reverse previous decisions that they come to understand are wrong. It’s done so in reversing the doctrine of “separate but equal” established in Plessy vs. Ferguson, and (arguably) the 13th Amendment’s reversing effect on the Dred Scott decision that supported slave-owning as a property right.
The court has never ruled in favor of rescinding a constitutional right previously granted. Never. I hope most sincerely that Chief Justice Roberts will prevail upon his colleagues that they must not do so now, succumbing to flimsy arguments of “we don’t like that law” and stand up to protect the role of the Court… while it still matters.
Jean Bolduc is a freelance writer and the host of the Weekend Watercooler on 97.9 The Hill. She is the author of “African Americans of Durham & Orange Counties: An Oral History” (History Press, 2016) and has served on Orange County’s Human Relations Commission, The Alliance of AIDS Services-Carolina, the Orange County Housing Authority Board of Commissioners, and the Orange County Schools’ Equity Task Force. She was a featured columnist and reporter for the Chapel Hill Herald and the News & Observer.
Readers can reach Jean via email – jean@penandinc.com and via Twitter @JeanBolduc
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