Post by LFC on Mar 24, 2022 21:32:46 GMT
This author makes the case that Republicans, at the behest of Christianists and with help from partisan hack SCOTUS, are gunning for WAY more than just Roe.
It's not just Roe v. Wade and abortion rights they're gunning for. All the blather about "religious rights" and "states rights" is about a fundamental opposition to the concept of human rights. Republicans were very much using this hearing as an opportunity to let their religious right base know that now that they have six members on the court, they aren't going to just stop at overturning Roe. They're coming for everything.
Over the weekend, Sen. Marsha Blackburn of Tennessee released a video asserting, falsely, that Griswold v. Connecticut is "constitutionally unsound." That's the 1965 court ruling that legalized contraception and has been quietly opposed by the same Republican activists that have spent decades trying to overturn Roe. Part of the reason they hate Griswold is it established the right to privacy, which was later employed to legalize abortion, end bans on gay sex, and legalize same-sex marriage — all decisions the religious right opposes. But the religious right also just hates contraception and wants to make that harder to get.
That may sound preposterous in a nation where over 99% of sexually active women have used birth control. But Republicans have been quietly waging war on contraception for over a decade now, and have even secured at least one decision at the Supreme Court to strip women of birth control coverage in their insurance plans. The Trump administration repeatedly tried to take away people's birth control, by attacking both insurance coverage for birth control and terminating federal funding programs to provide it to lower-income patients. (President Joe Biden has fixed a lot of the damage.) While they mostly try to keep it out of mainstream headlines, the religious right has long argued that the "contraceptive mentality" makes women sexually loose and prone to abortion, and the only way to stop it is to end legal access to contraception.
And, just like every other decision that flowed from Griswold, Republicans are also coming for Obergefell v. Hodges, the 2015 decision that legalized same-sex marriage.
While his fellow Texas senator Cruz was raving about "racist babies," Sen. John Cornyn used his time during Jackson's hearing to quietly signal the legal approach Republicans are drafting to end marriage equality. He claimed legal same-sex marriage is "a dramatic departure from previous laws" and complained that same-sex couples have "a new right" (heaven forbid!). He then compared Obergefell to Dred Scott, the infamous 1857 Supreme Court decision that affirmed legal slavery. He argued that those who "hold traditional beliefs on something as important as marriage" are being oppressed by having to live in the same communities as same-sex couples. Other Republican senators, such as Ben Sasse of Nebraska and Sen. John Kennedy of Louisiana, picked up the baton, using legalese-drenched arguments about "substantive due process" and "new rights" to covertly argue that Obergefell should be overturned.
Cornyn felt safe enough that he was evading mainstream attention that he wasn't even particularly coy about it. He literally told Jackson the Constitution doesn't protect the right to marry. As legal expert Mark Joseph Stern of Slate noted, once the Supreme Court overturns Roe, as it's expected to do in June, it "will leave Obergefell hanging by a thread." And not just Obergefell, either. "A number of major decisions protecting reproductive rights, including access to contraception, will be imperiled" by the legal reasoning that Cornyn was alluding to, including, Stern notes, the right to interracial marriage.
Indeed, as legal expert Jessica Mason Pieklo of Rewire News noted on Twitter, Cornyn also insisted that marriage is "religious," hinting at a longstanding religious right dream of ending the concept of secular marriage altogether. It's not just interracial couples and same-sex couples, but anyone who didn't get married in a church is now the target.
Republicans speak of these plans in pseudo-legal jargon and elliptical phrases because they know their agenda is radical and unpopular, often even with a good chunk of their own voters. But the anticipated overturn of Roe in June has clearly got the GOP leadership giddy about how much more of the past 70 years of progress they can undo with their 6-3 majority at the Supreme Court. After all, banning abortion is also very unpopular, but Republicans reasonably believe they can get it done without losing power.
Over the weekend, Sen. Marsha Blackburn of Tennessee released a video asserting, falsely, that Griswold v. Connecticut is "constitutionally unsound." That's the 1965 court ruling that legalized contraception and has been quietly opposed by the same Republican activists that have spent decades trying to overturn Roe. Part of the reason they hate Griswold is it established the right to privacy, which was later employed to legalize abortion, end bans on gay sex, and legalize same-sex marriage — all decisions the religious right opposes. But the religious right also just hates contraception and wants to make that harder to get.
That may sound preposterous in a nation where over 99% of sexually active women have used birth control. But Republicans have been quietly waging war on contraception for over a decade now, and have even secured at least one decision at the Supreme Court to strip women of birth control coverage in their insurance plans. The Trump administration repeatedly tried to take away people's birth control, by attacking both insurance coverage for birth control and terminating federal funding programs to provide it to lower-income patients. (President Joe Biden has fixed a lot of the damage.) While they mostly try to keep it out of mainstream headlines, the religious right has long argued that the "contraceptive mentality" makes women sexually loose and prone to abortion, and the only way to stop it is to end legal access to contraception.
And, just like every other decision that flowed from Griswold, Republicans are also coming for Obergefell v. Hodges, the 2015 decision that legalized same-sex marriage.
While his fellow Texas senator Cruz was raving about "racist babies," Sen. John Cornyn used his time during Jackson's hearing to quietly signal the legal approach Republicans are drafting to end marriage equality. He claimed legal same-sex marriage is "a dramatic departure from previous laws" and complained that same-sex couples have "a new right" (heaven forbid!). He then compared Obergefell to Dred Scott, the infamous 1857 Supreme Court decision that affirmed legal slavery. He argued that those who "hold traditional beliefs on something as important as marriage" are being oppressed by having to live in the same communities as same-sex couples. Other Republican senators, such as Ben Sasse of Nebraska and Sen. John Kennedy of Louisiana, picked up the baton, using legalese-drenched arguments about "substantive due process" and "new rights" to covertly argue that Obergefell should be overturned.
Cornyn felt safe enough that he was evading mainstream attention that he wasn't even particularly coy about it. He literally told Jackson the Constitution doesn't protect the right to marry. As legal expert Mark Joseph Stern of Slate noted, once the Supreme Court overturns Roe, as it's expected to do in June, it "will leave Obergefell hanging by a thread." And not just Obergefell, either. "A number of major decisions protecting reproductive rights, including access to contraception, will be imperiled" by the legal reasoning that Cornyn was alluding to, including, Stern notes, the right to interracial marriage.
Indeed, as legal expert Jessica Mason Pieklo of Rewire News noted on Twitter, Cornyn also insisted that marriage is "religious," hinting at a longstanding religious right dream of ending the concept of secular marriage altogether. It's not just interracial couples and same-sex couples, but anyone who didn't get married in a church is now the target.
Republicans speak of these plans in pseudo-legal jargon and elliptical phrases because they know their agenda is radical and unpopular, often even with a good chunk of their own voters. But the anticipated overturn of Roe in June has clearly got the GOP leadership giddy about how much more of the past 70 years of progress they can undo with their 6-3 majority at the Supreme Court. After all, banning abortion is also very unpopular, but Republicans reasonably believe they can get it done without losing power.