Notes on using the law and financial assistance to protect those who suffer as a result of the repeal of Roe v Wade & other ultra-conservative judicial or state action.
The Government Approval of Abortion Bans is a Form of Religious Favoritism:
Up until 1869, wnen Pope Pius XI proclaimed that “ensoulment” occurred at the time of conception, the Catholic church went back and forth on how much of a crime abortion was, since the church tended to go along with the Jewish belief. In fact, up until Pius, many church fathers (ie: St. Thomas Aquinas) believe, as Jews do, the a fetus is not a person until the “quickening” (…when it is felt to be moving”.
Muslims also do not have a universal belief. Some agree with Jewish belief, others convey personhood at 120 days, and still other convey at the time of a live birth.
Hindus frown on abortion, but have long acknowledged that abortion is OK to save the life of the mother, in cases of rape or incest, orwhen there are severe fetal abnormalities.
Buddhists generally oppose that destroying anything “with breath”, so that creates a problem with how that is interpreted, since afetuscan hardly be said to be breathing.
The point in that it can be argued that limiting abortion to prior to the 15-17th week of gestation is favoring one religious belief over another. After Roe v Wade was reversed, it became known that a coalition of Jews & Muslims was going to court to fight SCOTUS on the basis that this was contrary to the First Amendment…but littlewas hearchfrom the group after that.
Maybe the Rogue SCOTUS wasn’t So Smart After All
With its decision to overturn Roe v. Wade, the Court effectively “outsmarted” itself, preventing a federal abortion ban: As it ruled that the Constitution does not provide a right to abortion, leaving the issue entirely to states to regulate, it also means that a federal ban would be unconstitutional under the current interpretation of the law.
Thus, states are free to incorporate constitutional provisions are as liberal (or more) as Roe v. Wade had provided, and the Court can hardly claim the right to intervene.
In addition, because TRAP laws are specifically aimed at abortion clinics (intended to make them fiscally impractical), the Court, by its own logic, should have concluded that these laws are, in fact, abortion laws that are not the Federal government’s business.
On the other hand, rather than approving TRAP laws, the court should have struck them down as medically unnecessary, especially when other clinics do not have to comply with them though they are performing procedures & surgeries that are more (sometimes much more) dangerous than the average abortion procedure. .
Examples of clinics that often perform procedures considered more risky than abortion, yet are typically not subject to the same stringent regulations as abortion clinics under TRAP laws include: colonoscopy clinics, minor surgical procedure clinics, dermatology clinics performing certain procedures like excisions, and cosmetic or other outpatient surgery centers performing procedures with a higher potential for complications than a typical abortion procedure. It should be noted that the average D&C or D&E involves no actual surgery since the procedures are trans-vaginal.
As the Court has already approved TRAP laws, action could be sought to require that states force those other clinics to comply with them. Consider what the outcry would be when hundreds or thousands of non-abortion clinics close or leave states where they would have to spend hundreds of millions of dollars in order to be in compliance with the law.
How are US Abortion Bans Even in Cases of Rape Illegal under International Law:
Multiple people are bringing suit against states in cases of wrongful death or physical harm as a result of state-mandated delayed in the administrating medical care to women experiencing miscarriages, etc. Here’s another thing to consider in which the those state laws likely violate international law:
Under international law, Forced Pregnancy is deemed to be a form of sexual slavery so serious that it is considered a crime against humanity. It should be researched whether the US has gone along with this as a party to any international treaty. If so, it can be argued that state abortion bans in cases of rape or incest are violations of international law. After all, if a woman is forced to bear a child in that instance, how is it different from any man, or the state, forcibly impregnating her and forcing her to carry a baby to term?
The Freedom Dawning Fund: Turn the Fascist Red States into Professional, Educational & Cultural Deserts
It’s time to establish a major fund to subsidize doctors & others who want to move to a state where they don’t risk fines, imprisonment or their lives for doing their jobs. This fund could cooperate with hospitals or communities who would welcome additional medico’s, by helping to cover the moving &/or housing expenses of the “emigrating” medical personnel. Maybe when no-one in a state can get any surgical, gynecological or obstetric care, and half of their hospitals close, the state &/or the public will decide that it’s not their business if someone else chooses, or need to have, an abortion.
The states that are prohibiting abortions are the same ones that are banning book, limiting what teachers can teach in both public school & higher level institutions, & limiting what medicines pharmacists can prescribe.
The same fund (as referenced above in regard to who doctors want to save themselves by moving out of ”red” states) could be extended to teachers & professors, librarians, pharmacists & college students who consider themselves at risk in those states. For example, out-of-state colleges could offer a reciprocal admission approval and credit toward travel expense (etc) for students admitted to colleges in the red states, who now want to flee the states.
The fund could assist municipalities in inviting major sports teams, national festivals, orchestras, and so on, to relocate out of those states. I know this is contrary to the common sentiment that we should help turn those states around. But these ultra-conservative states like the directions in which they are moving. They’ve conspired for decades to turn into ultra-conservative bastions of fascist white folk of their own kind. Why beat our heads against the wall trying to change their minds, to try to get them to acknowledge that “all men are created equal”, etc.
Thus, the only practical solution is to squeeze those same people who lauded their authoritarian governments as they clamped down on the freedoms of their neighbors. Squeeze them until they scream. Squeeze them until their most exciting Saturday night activity will be twiddling their thumbs. Squeeze them until they can’t find any doctor, or their daughters or wives are dying because they can’t get any gynecological care, and their hospitals have closed, and their colleges have gone bankrupt because they can’t attract students.
Maybe then they’ll realize that if they want freedom for themselves, they must award it to all others. It will likely take them decades to turn around, even after they realize the pain they caused to millions of their neighbors. At least we can take comfort in knowing that, during that long recovery, when the pain of their own sins against freedom & humanity are as painful as open wounds, they won’t again dare try force their beliefs on others, or suppress the wellness & freedoms of their own neighbors.
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