Reversing Roe Deletes Rights It Took a Century to Achieve

57% of Americans say a woman should be able to get an abortion for any reason, according to a Wall Street Journal poll. Pew Research Center found that 73 percent of Americans support abortion being legal when the mother’s life or health is threatened — including 62 percent of Republicans. Abortion is recognized as a matter of health care to be decided by women and their doctors.

Forbidding abortion undermines the financial security of women. The Economic Policy Institute has found that women denied an abortion have a higher chance of living in poverty, a lower possibility of full-time employment, and an increase in unpaid debt and financial distress.

Middle-class families can expect to spend more than $230,000 on food, shelter, and other necessities to raise a child through the age of 17, according to data from the Consumer Expenditures Survey.

Nearly two-thirds of Americans say the end of Roe v. Wade represents a “major loss of rights” for women, a Washington Post-Schar School poll finds. A large and bipartisan majority of Americans, about 8 in 10 overall, say states that ban abortion should not be allowed to outlaw people from traveling elsewhere to access the procedure — an idea gaining steam among some antiabortion groups and Republican lawmakers. Those opposed include 64 percent of Republicans, 85 percent of independents .and 89 percent of Democrats.

Another indication of how a large segment of the American population is that pro-abortion-rights posts get more views than antiabortion videos on TikTok.

About 1 in 4 women will have an abortion in their lifetime. It’s not surprising that forty percent of Americans list abortion as one of the most important issues in the country, according to a Marquette Law School Poll.  U.S. Catholics are majority pro-choice according to many polls!

Relatively few Americans hold absolutist views on abortion: Only about 1 in 5 say it should be legal in all cases, and fewer than 1 in 10 say it should be illegal without exception, according to a recent Pew Research Center survey.

A USA Today-Suffolk poll found that 31 percent of American voters said a state banning abortion would make the state less desirable to live in; 5 percent said it would be more desirable. 6 in 10 voters said a state abortion ban would not affect their thinking on a state’s desirability as a place to live.

Overwhelmingly, Americans support people’s right to cross state lines for an abortion, polls are finding.. One showed 77 percent of Americans and even 64 percent of Republicans oppose laws that would ban residents from traveling to another state for an abortion. Another showed even more resistance to such laws: 78 percent overall, and 73 percent among Republicans.

Throwback Republicans

Blake Masters a Republican candidate for the Senate in Arizona wants a national abortion ban, women to stay home from work, and a federal law that says life begins at conception.

The Maga Republicans’ zeal to pass stringent forced-birth laws and their pining for a national abortion ban — as the party’s candidates scramble to erase evidence of their antiabortion views from their campaign websites — reveal just how little they think of women.

Women are apparently supposed to forget that Republican candidates have been at the forefront of the effort to deny them personal agency and to intrude on their most intimate health-care decisions. They’re supposed to forget which party has consigned pregnant people to physical and mental suffering.

Sending America Back 70 Years

By reversing Roe vs. Wade, the Supreme Court takes America back 70 years. Health and Human Services Sec. Xavier Becerra insists that the country “can no longer trust” the Supreme Court. America is moving toward an abortion regime that brutalizes and sometimes kills pregnant women while ignoring the most promising opportunities to prevent abortions.

The reversal of Roe produced cognitive dissonance in a generation that grew up when abortion was legal. It was a shock to our collective intelligence when this was released and likely accounts for some of the divisiveness and disaffection in today’s population.

Alioto’s opinion is dangerously wrong on its face, and when extended could end many of the rights we take for granted. Alioto asserts “For the first 185 years after the adoption of the Constitution, each State was permitted to address this issue in accordance with the views of its citizens.” To put this another way, abortion was not illegal in some states until the 1800s.

To reach his conclusion, Alioto reached back to English common law, relying on Sir Matthew Hale, an influential 17th Century jurist who is best remembered for his belief that women could be witches assumed women were liars, and thought husbands owned their wives’ bodies. He permitted the execution of two women accused as witches. Even then, Alioto misconstrues Hale, who wrote abortion was a crime “if a woman be quick or great with child.” Note Hale used the conditional precedent of “if.” Quickening is the moment when a pregnant woman first detects fetal movement, which can happen as late as 25 weeks into pregnancy.
Except for misogynists, what sense is there in giving credence to a jurist whose views of women are as dated as lobotomies? By roughly a margin of 2-to-1, Americans want women to have the right to bring or not bring a child into the world. It’s not surprising that Roe v. Wade was decided with a 7-2 majority.

The ninth amendment states: “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage other retained by the people.” The plain meaning of this is that a right, such as the right to marry, does not need to be enumerated to be recognized.

The Roe decision was in line with earlier decisions of the Court. For decades before Roe, the Supreme Court held that the Ninth Amendment granted rights such as the right to marry, the right to procreate, the right to use contraception, the right to control the upbringing of children, and the right of every person to choose “whether to bear or beget a child.”
So a fair question is the U.S. Constitution a living document? A living constitution is one that evolves, and adapts to new circumstances, without being formally amended. It’s been calculated that the rate of change accelerates every decade. So, in 20 years from now, the rate of change will be 4x what it is today.

Common sense tells us there is no realistic alternative to a living constitution in a rapidly changing world.  Does it make sense for the technologies of everyday life to change but our personal liberties will shrink? Will Alioto’s decision pave the way to abrogating other rights that are not explicitly stated, as Clarence Thomas stated, “In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”

  • The right to marry
  • The right to have children
  • The right to travel
  •  The right to a fair trial
  •  The right to a jury of your peers
  • The right to have judicial review
  • The right to privacy includes the right to be left alone, to the care of your body, and, the right not to have your health information made public.
  • The right to health care has gained the support of 70.1% of the American public. Covid-D and the probability of other pandemics to come have made explicit the need for health care.
  • Right to contraceptives
  • LGBTQ rights

An indication of this throwback court’s limited concept of our rights is contained in the words of Justice Kavanaugh, “For example, may a state bar a resident of that state from traveling to another state to obtain an abortion? In my view, the answer is no based on the constitutional right to interstate travel.”

The Supreme Court as now constituted does not reflect the value of most Americans. In another blog, I propose that Justice Thomas be forced to resign. This can be the beginning of changing the direction of the Supreme Court.

California Gov. Gavin Newsom has plans to add $57 million to his proposed state budget in preparation for a possible influx of out-of-state patients who are seeking abortions (Axios). Pro-choice states including New York are budgeting accordingly.

The draft ruling published by Politico in May would give individual states authority over abortion access. According to the abortion rights advocacy group Guttmacher Institute:

Thirteen states have so-called trigger laws in place that would almost immediately ban or severely restrict abortion if Roe v. Wade is overturned.
Another nine states still have laws or constitutional amendments against the procedure in place from before the 1973 decision.

A number of states have also moved to restrict abortion access in anticipation of the Supreme Court’s decision on the matter.

But some state and local officials, even in states that have the trigger laws in place, have said they are not intent on prosecuting people over the matter, possibly putting officials at odds with one another.

In the United States, 58 percent of women of reproductive age live in states taking away abortion rights, according to the Guttmacher Institute (The Guardian).

The U.S. has the highest maternal mortality rate of any developed country. In total, about 700 women die every year of pregnancy-related complications in the U.S., and about 3 in 5 of those deaths are preventable, according to the Centers for Disease Control and Prevention.

A University of Colorado study found there will be abortion a 21% increase in the number of pregnancy-related deaths overall and a 33% increase among Black women, simply because staying pregnant is more dangerous than having an abortion. Back alley” abortions will be the last resource for women with no access to safe and legal services, and the horrific consequences of such abortions will become a major cause of death and severe health complications for some of the most vulnerable women in this country.

All across the nation, people are voicing their anxieties about a right that for decades has been taken for granted.  In cities across the country, thousands of Americans have turned out to rally for abortion rights in Washington, D.C., Los Angeles, Chicago, Austin,  Cleveland, St. Louis, Denver, St. Peterburg, Florida, and 200 communities across the country.

Men have a stake in Roe vs. Wade.  Abortion is usually a joint decision between a man and a woman. With earning a living an ever-present challenge, one in five men have been involved in an abortion, as men have been involved in an abortion, one study finds.

The Washington Post has reported that Republicans plan to pass a national ban on abortion if they win back control of Congress. This would include even the blue states where abortion rights remain legal and protected. And if the Supreme Court gets away with overturning Roe v. Wade, it means the odds are they would let Congressional Republicans get away with banning abortion nationwide. America is out-of-step with reproductive rights being recognized by more nations.

Sen. Joe Manchin (D-W.Va.) has said he will oppose a Democratic bill to guarantee abortion access nationwide, indicating that it was too broad to get his vote. Manchin proves himself once more to be a  demi-Democrat.

Meanwhile, opponents of abortion are already using methods like license plate tracking, body cam recordings, and Wi-Fi networks designed to find people so they can direct them to anti-abortion arguments and if states to criminalize abortion, this data could be used by anti-abortion activists to try to prosecute people seeking abortions.

As the dissenting judges said, reversing Roe vs. Waderemoves a right nearly 50 years old and is at odds with polls that show consistent public support for Roe.

But more, the dissenting justices said, the opinion “breaches a core rule-of-law principle, designed to promote constancy in the law … It places in jeopardy other rights, from contraception to same-sex intimacy and marriage. And finally, it undermines the Court’s legitimacy.”

All 13 states that have GOP-controlled legislatures — Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming — have “trigger laws” that functionally banned abortion as soon as the U.S. Supreme Court eliminated it as a right.

 

Alabama

The 2019 Human Life Protection Act, which had been held by an injunction, was allowed to go into effect Friday. It makes it unlawful “for any person to intentionally perform or attempt to perform an abortion” unless “an abortion is necessary in order to prevent a serious health risk to the unborn child’s mother.”

Alaska

The right to an abortion is protected by state law and constitution. Gov. Mike Dunleavy has said, though, the overturning of Roe v. Wade will cause “renewed conversation” on the issue of abortion rights in the state.

Arizona

A pre-Roe v. Wade law bans abortions except when the mother’s life is endangered. Gov. Doug Ducey in April signed a law banning abortions after 15 weeks of pregnancy that will go into effect.

Arkansas

Arkansas Attorney General Leslie Rutledge signed the state’s trigger law into effect Friday, banning abortion in the state following the overturn of Roe v. Wade. The Arkansas Human Life Protection Act makes performing or attempting to perform an abortion a felony punishable by up to 10 years in prison and a fine of up to $100,000. The only exception is if the mother’s life is in danger.

California

The right to abortion is protected by updated state laws.

Colorado

The right to abortion is protected by updated state laws.

Connecticut

The right to abortion is protected by updated state laws.

Delaware

The right to abortion is protected by updated state laws.

Florida

A law banning abortions after 15 weeks of pregnancy will go into effect July 1.

Georgia

A law prohibiting abortions after 6 weeks of pregnancy was signed in 2019 but not in effect following legal challenges.

Hawaii

The right to abortion is protected by state law.

Idaho

A trigger law making abortion illegal goes into effect 30 days after Roe is overturned.

Illinois

The right to abortion is protected by state law.

Indiana

Indiana became the first state after Roe was reversed to ban abortion.

Iowa

The Iowa Supreme Court in June reversed an earlier court ruling that the state constitution guaranteed the right to abortion.

Kansas

The right to abortion is protected by state law. Voters will decide on Aug. 2 whether to change the state constitution to say there is no right to abortion.

Kentucky

Kentucky Attorney General Daniel Cameron announced Friday that abortion is now banned in the state after a trigger law went into effect. Under the law, anybody who performs or attempts to perform an abortion will be charged with a Class D felony, punishable by one to five years in prison. The only exception is if the mother’s health is at risk.

Louisiana

Louisiana Attorney General Jeff Landry said Friday abortion is banned in the state after a trigger law went into effect following the Supreme Court’s decision.

Earlier this week, Gov. John Bel Edwards signed a bill into law that strengthened the 2006 trigger law that went into effect Friday. The new law increases the penalties abortion providers face: prison terms range from one to 10 years and $10,000 to $100,000 in fines.

The state constitution also bars the right to abortion, and lawmakers recently approved a bill to ban abortion after “fertilization and implantation.”

Maine

The right to abortion is protected by state law.

Maryland

The right to abortion is protected by state law.

Massachusetts

The right to abortion is protected by state law. On Friday, Gov. Charlie Baker signed an executive order to “further preserve” abortion rights in Massachusetts and protect “reproductive health care providers who serve out of state residents.”

Michigan

pre-Roe v. Wade law bans abortions, but a judge ruled in May the state government cannot enforce the law as a lawsuit Planned Parenthood filed against the state plays out. Gov. Gretchen Whitmer is also working to protect the right in the state.

A Michigan judge Friday blocked county prosecutors from enforcing a 91-year-old law banning abortion in the state while courts consider a lawsuit seeking to overturn the law. The ruling means abortion will remain legal in Michigan for the foreseeable future. The 1931 law bans abortion for all women, and doesn’t include exceptions for rape or incest.  and calls for the prosecution of reproductive care providers.

The ruling comes after the state Court of Appeals earlier this month cleared a path for county prosecutors to enforce the 1931 law by ruling they were not covered by a May order.

“It is clear to the Court that only one group is harmed by this statute- women, and people capable of carrying children,” Oakland County Judge Jacob Cunningham said during his ruling.

The 1931 abortion ban doesn’t pass constitutional muster, he said.

Minnesota

The right to an abortion is protected under the state constitution.

Mississippi

A trigger law banning nearly all abortions would go into effect immediately after Roe is overturned. In addition to its 15-week abortion ban at the center of the Supreme Court case, Mississippi has a 6-week abortion ban.

Missouri

Missouri ended the right to abortion following the Supreme Court decision. On Friday, Gov. Mike Parsons tweeted that he signed a proclamation activating the Right to Life of the Unborn Child Act, ending elective abortions in the state.

Montana

The right to an abortion is currently protected under the state constitution.

Nebraska

The right to an abortion is neither protected nor barred in the state constitution. Gov. Pete Ricketts has said he will push for the state legislature to pass a total abortion ban if Roe v. Wade is overturned.

Nevada

The right to an abortion is protected under the Nevada Revised Statutes, the codified laws of the state.   However, Montana voters will vote to dramatically reverse women’s rights at the ballot box in November when they vote on an anti-abortion ballot measure. That measure, known as LR-131, would require “health care providers to take necessary actions to preserve the life of a born-alive infant” or face up to 20 years in prison.

New Hampshire

The right to an abortion is not protected by state law.

New Jersey

The right to an abortion is protected under the state constitution.

New Mexico

The right to an abortion is neither protected nor barred in the state constitution.

New York

The right to abortion is protected by updated state laws.

North Carolina

The right to an abortion is not protected by state law.

North Dakota

A trigger law is in place to make abortion illegal. After Roe is overturned, the Legislative Council must approve a recommendation from the state’s attorney general that the ban on abortion is constitutional.

Ohio

A 6-week ban on abortion that had been previously blocked was allowed to go into effect Friday.

Oklahoma

Oklahoma Attorney General John O’Connor announced Friday the state trigger law banning abortions went into effect after the Supreme Court voted to strike down Roe v. Wade. Prior to the ruling, Oklahoma had a near-total ban on abortion.

Oregon

The right to have an abortion is protected in the state constitution.

Pennsylvania

The right to an abortion is not protected by constitutional or statutory laws.

Rhode Island

The right to abortion is protected by updated state laws.

South Carolina

The right to an abortion is not protected by state law.

South Dakota

A trigger law was in place to make abortion illegal. After Roe was overturned, it went into effect immediately without further action required.

The law makes all abortions illegal “unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female.”

Tennessee

A trigger law is in place to make abortion illegal that goes into effect 30 days after Roe is overturned with no further action required. The state constitution bars protection of the right.

Texas

A trigger law is in place to make abortion illegal that goes into effect 30 days after Roe is overturned with no further action required. The state already has a 6-week ban in effect.

Utah

Most abortions are now illegal in Utah after the trigger law ban was put into effect. The law does allow for exceptions for rape, incest, averting maternal death or impairment, and lethal fetal deformity.

Vermont

The right to abortion is protected by updated state laws.

Virginia

The right to an abortion is not protected by constitutional or statutory laws.

Washington

Under the Code of Washington, individuals are not allowed to interfere with a pregnant person’s right have an abortion.

West Virginia

A state constitutional amendment bars the protection of the right to an abortion. Abortion is still legal in West Virginia, but there is an 1882 law on the books that makes performing abortions a felony punishable by three to 10 years in prison. It’s unclear if it will go into effect follow Roe’s overturn. Gov. Jim Justice said Friday he is meeting with the Legislature and his legal team to decide if the state’s abortion laws need to be updated.

Despite abortion still being legal in the state, the only clinic said in a statement on Facebook it will not be performing the procedure “until further notice.”

Wisconsin

Wisconsin has a pre-Roe law dating back to 1849 making an abortion a felony that could go back into effect if the Supreme Court overturns Roe v. Wade.

Wyoming

A trigger law is in place to make abortion illegal. It would require certification by the governor, advised by the Attorney General within 30 days of the Supreme Court ruling.

The consequences of reversing Roe are becoming evident.

A Florida court ruled that a 16-year-old wasn’t ‘sufficiently mature’ enough to have an abortion.

In Texas, a woman says she was denied an abortion for a medical emergency.

The Kentucky Supreme Court declined to block the state’s near-total abortion ban while it reviews legal challenges to the law.

The President laid out the fastest and best way to return women to their rights:

“Let me be clear. While I wish it had not come to this, this is the fastest route available,” Biden said. “The fastest way to restore Roe is to pass a national law codifying Roe, which I will sign immediately upon its passage on my desk.”

A vivid illustration of the grief that is being caused by the Roe reversal is a 10-year-old girl from Ohio who was raped and traveled to Indiana for an abortion. The girl’s doctor was afraid she was too far into her pregnancy to get an abortion, even though she was only six weeks and three days along — meaning she had probably just learned that she was pregnant. This was due to an Ohio law banning abortions once fetal cardiac activity is detected (sometimes as early as six weeks). This was reported by, the Indianapolis Star.

This case is showing how dangerous the Court’s ruling is becoming. The Republican Attorney General says he is looking into the licensure of the physician who provided abortion services to the 10-year-old rape victim from Ohio.  Rokita, the Attorney General, appeared on Fox News and called the doctor “an abortion activist acting as a doctor.” He accused her of having a history of failing to report abortions and that an investigation into the physician and her license is underway.

Another casualty of Roe is sex education coincides with abortion restrictions and a movement to stop educators from discussing gender and sexual orientation.

Seventeen members of Congress — including Democratic Reps. Cori Bush (Mo.), Alexandria Ocasio-Cortez (N.Y.), Rashida Tlaib (Mich.) and Ilhan Omar (Minn.) — were among dozens of abortion rights protesters arrested  outside the Supreme Court in a rally demanding immediate action to protect abortion following the court’s decision  to overturn Roe v. Wade.

Thirty-five people were arrested for crowding, obstructing or incommoding, a D.C. code often cited when arresting protesters during peaceful, planned, and coordinated actions of civil disobedience such as the demonstration on Tuesday. Those arrested were ticketed and released on-site, as is standard practice during events such as this, said Capitol Police spokesman Tim Barber.

Among those arrested were members of the Democratic Women’s Caucus and including Assistant House Speaker Katherine M. Clark (Mass.) and Reps. Bush, Omar, Ayanna Pressley (Mass.), Barbara Lee (Calif.), Jackie Speier (Calif.), and Carolyn B. Maloney (N.Y.), according to their offices.

Can women be prosecuted for crossing state lines to get an abortion?
As a general rule, this should not happen. Even Supreme Court Justice Brett Kavanaugh wrote that it would be a step too far to ban women from traveling across state lines to seek care. The Constitution protects interstate commerce, and that means it also protects interstate travel, he wrote, calling it “not especially difficult as a constitutional matter.”
17 members of Congress were arrested and subsequently released at an abortion rights protest outside the Supreme Court on July 19. (Video: The Washington Post)

In the weeks following the Supreme Court’s decision, confusion surrounding new abortion-related laws has led to patients being denied much-needed maternal health care.

Confusion post-Roe spurs delays, denials for some lifesaving pregnancy care

At the time of the decision to overturn Roe, 13 states had “trigger bans,” designed to take effect to prohibit abortion within 30 days of the ruling. At least eight states banned the procedure the day the ruling was released.

Now, common complications, including incomplete miscarriages and ectopic pregnancies, have now been scrutinized, delayed, and even denied, according to the accounts of doctors in multiple states where new laws have gone into effect.

The supporters of reversing Roe claim they want to protect life. Following the decision in Dobbs vs. Jackson Women’s Health Organization, which overturned the once constitutionally protected right to an abortion, young women and others across the country have increasingly requested sterilization, according to obstetrician-gynecologists who have seen upticks in Arizona, North Carolina, Texas, and Florida.

Because of the overturning of Roe, is causing women to undergo major surgery and take on the complications and risks that come with it just so they don’t have to worry about carrying an unwanted pregnancy.

Access to abortion meant women could pursue a child-free life if they chose. But lawmakers appear determined to take away their choices.

Another foreseeable consequence of reversal is that the number of men seeking vasectomies is on the rise.  People’s needs and choices are not stopped by a regressive court decision.

Signs of resistance are becoming commonplace. Seventeen members of Congress — including Democratic Reps. Cori Bush (Mo.), Alexandria Ocasio-Cortez (N.Y.), Rashida Tlaib (Mich.), and Ilhan Omar (Minn.) — were among dozens of abortion rights protesters arrested Tuesday outside the Supreme Court in a rally demanding immediate action to protect abortion following the court’s decision last month to overturn Roe v. Wade.

Also at risk is the right to love whomever a person chooses. By 2121  half of Americans supported marriage equality, according to Gallup’s data, which show support growing by an average of 1% to 2% per year since the mid-1990s. By the time the U.S. Supreme Court in 2015 issued its marriage equality decision, Obergefell vs. Hodges, support had grown to about 60%.

Since then, same-sex marriages have become routine. The Census Bureau last year estimated that 980,000 same-sex households exist in the U.S., roughly 1.5% of all households in the country, of whom about 58% were headed by married couples. The share of the public that supports equal marriage rights now surpasses 70%.

Reaction to the Roe’s fate has been convincing and swift. Kansas, a red state, resoundingly rejected an amendment that would have led to abortion bans. Democratic voters especially turned out in higher numbers, and the ballot measure was rejected by a huge margin.  Corporations are recognizing their responsibility to their employees. Walmart, the largest U.S. private employer, expands abortion coverage for staff.

The results prompted President Biden to call again for Congress to codify abortion protections into federal law, and on Wednesday he signed an executive order to help patients travel across state lines for abortion care.

Changing the Constitution is one of the most difficult processes in all of governing. There are a couple of different ways to do it. One of the most common requires a two-thirds vote in Congress and then three-fourths of states (38 states) to ratify it.

Take the Equal Rights Amendment: Congress passed it in 1972 and sent it to the states for ratification. But only 35 states ratified it before the deadline passed (three-fourths have now ratified, but a few did so after the deadline), so it still hasn’t been added. So it’s highly unlikely that a more controversial amendment, such as one enshrining the right to abortion or banning assault weapons, would make it through such a rigorous process, especially at a time when states are so divided on these policies.

With the  Supreme Court so clearly on the wrong side of history and one of the justices so clearly corrupted, it may be easier to bring pressure on some judges to resign, particularly Justice Thomas.

22 states have laws or constitutional amendments on the books now poised to severely limit access to abortion or ban it outright. Even before the Supreme Court issued its decision, states with more restrictive abortion laws had higher maternal mortality and infant mortality rates. Now, experts are predicting at least a 21% increase in pregnancy-related deaths across the country.

1 in 3 American women has already lost abortion access. More restrictive laws are coming.

 Two months after the Supreme Court overturned Roe v. Wade, about 20.9 million women have lost access to nearly all elective abortions in their home states, and a slate of strict new trigger laws expected to take effect in the coming days will shut out even more.

Texas, Tennessee, and Idaho all have existing restrictions on abortion, but the laws slated to begin Thursday will either outlaw the procedure entirely or heighten penalties for doctors who perform an abortion, contributing to a seismic shift in who can access abortion in their home states.

At least 11 other states have banned most abortions, prohibiting the procedure with narrow exceptions from the time of conception or after fetal cardiac activity is detected, at about six weeks of pregnancy, with legislation known as “heartbeat” laws. Five more states have similar bans temporarily blocked by the courts. If those injunctions are lifted, abortion could soon be inaccessible for millions more — in total, 36 percent of U.S. women between the ages of 15 and 44 would be largely unable to obtain an elective abortion in the state where they live.

The rapid pace of change has shocked even the closest observers.

“I just thought there would be a little more time to help providers and patients cope with these changes,” said Elizabeth Nash, who tracks abortion legislation in the states for the Guttmacher Institute, a nonprofit research center that supports abortion rights. “It was very clear that that sort of grace period was not going to be provided.”

Advocates and doctors in favor of abortion rights fear that the newest trigger laws — which in Texas will carry a potential life sentence for doctors who perform an abortion — will have a chilling effect on helping people who either need an abortion because they are facing life-threatening complications or are trying to travel and get one elsewhere. The stiffer laws come as patients and providers navigate a confusing tangle of policies amid ongoing legal challenges that at times have made abortion accessible one day and completely illegal the next. Even more changes are on the horizon as lawmakers in South Carolina and West Virginia consider new bills during special legislative sessions.

Patients in states such as Tennessee have rushed in recent days to try to make last-minute appointments before they lose access to abortion completely — some only to be turned away, ineligible for an abortion because of the state’s “heartbeat” law.

Kaydria, a 28-year-old from Jackson, Miss., started researching the changing abortion laws as soon as she found out she was pregnant in mid-August. With abortion already banned in her home state, she decided to drive three hours to Memphis.

She knew she’d have to hurry: On Aug. 25, all elective abortions would be banned there, too.

“I needed to go ahead and take care of it,” said Kaydria, who spoke on the condition that only her first name be used to protect her privacy. “I knew I didn’t have time.”

Roughly 14 states have bans outlawing most abortions, with varying exemptions and penalties for doctors. In all, nearly 21 million — about 1 in 3 girls and women in the United States between the ages of 15 and 44 — have lost access to the procedure, according to U.S. census data. The restrictions apply to both medication and surgical abortions.

The states that bar abortion from conception tend to be located in the South and the Midwest, including Alabama, Arkansas, Kentucky, Missouri, and Oklahoma. Wisconsin has conflicting laws that leave the legality of abortion uncertain, but clinics stopped providing abortions in the state after the Dobbs v. Jackson Women’s Health Organization decision, effectively ending abortion within its borders. Georgia, Idaho, Ohio, and Tennessee have bans that begin when fetal cardiac activity can be detected, which can occur before many people realize they are pregnant.

The Austin City Council passed a resolution that seeks to decriminalize abortion care. The move was especially urgent given that Texans, who have already been living under a draconian abortion law for nearly a year, face a full “trigger” ban with harsh criminal penalties and an attorney general eager to prosecute. The proposal is now spreading across Texas—and beyond.

A shimmer of light in these dark times, municipalities like Austin are creatively harnessing their local power and uplifting their progressive values to fight back against onerous state abortion laws and, importantly, proving that we can find pockets of hope, determination, and optimism in our communities amid what often feels like perpetual doom in life after Roe.

Religion claiming restrictions on the legitimacy of abortion imposes on most people’s sense of what is right or wrong.

Marjorie Taylor Green introduced a bill to make gender-affirming care for transgender youth a felony. Demonstrating where the Republicans really stand, Senator Lindsay Graham on Tuesday, August 23 introduced a bill that would ban abortions nationally after 15 weeks of pregnancy. Can the Republicans be more tone-deaf? Graham, the quintessential hypocrite previously said abortions should be left to the states.

America is the only industrialized country without some form of universal health care – it’s the poor who suffer the most. Survey data shows that nearly 50% of women who seek abortions live under the poverty line. What pregnant women deserve is free abortion on demand, under any circumstance.

How telling it is that having gotten Roe reversed, Republicans, are not talking about increasing the life chances of children being born only because of Roe’s reversal.  It’s time the United States join other developed countries in providing universal health care. Doing so would raise the life chances of Americans.

In Texas, U.S. District Judge James Hendrix halted emergency abortion guidance that the Department of Health and Human Services (HHS) issued last month’s administration that requires doctors to provide abortions in emergency medical situations even if doing so would run afoul of state law.

The government urged the court to find that a 1986 federal law known as the Emergency Medical Treatment and Labor Act (EMTALA) superseded some restrictive state abortion laws passed in the wake of the demise of Roe vs. Wade.

The EMTALA law requires a hospital to provide stabilizing care to any patient that presents with an emergency medical condition.  The Biden Administration maintains that abortion qualifies as stabilizing care under the law.

A federal judge in Utah August 24 temporarily blocked Idaho’s abortion ban from taking effect during medical emergencies, ruling that it conflicts with federal law. This was the first court win in the federal effort to assure women needing medical attention can get it regardless of state law.

The National Association of Evangelicals called climate action a Christian responsibility in a 50-page report in August 2021, a call to action for a demographic that is less likely than the general population to consider climate change a threat.

The NAE’s report, entitled “Loving the Least of These,” addresses the scientific evidence for the reality of climate change and the role of greenhouse gas emissions in driving it, as well as examining and debunking common arguments against the objectivity of climatologists.

The report goes on to address the issue from a theological and personal perspective, outlining biblical arguments for environmental stewardship.

“The earth brings glory to God, and God continues to care for and sustain the natural processes of the world. The psalmist says: ‘Praise the LORD, all his works everywhere in his dominion. Praise the LORD, my soul’ (Psalm 103:22),” it reads. “Because God’s glory is revealed in creation, we should be intentional about caring for his artistry.”

The report also cites Matthew: 22’s edict to “Love your neighbor as yourself” in the context of the human suffering caused by climate change and environmental disasters, and outlines personal experiences and examples of the human toll of those ongoing disasters.

The organization, which represents 45,000 evangelical churches, has acknowledged the existence of climate change.

It’s ironic that suffragettes celebrated a major victory 102 years ago today: A proclamation was signed that added the 19th Amendment to the U.S. Constitution, giving some 26 million women voting rights for the first time.

When the Founding Fathers were drafting the earliest laws, Abigail Adams encouraged her husband, then-Vice President John Adams, to “remember the ladies” — yet the resulting Constitution omitted the word “women.” Seneca Falls, New York, hosted the inaugural women’s rights convention in 1848.

Three decades later, a women’s suffrage amendment was introduced in Congress, and more than 40 more years later a suffrage bill finally passed in the House and Senate. Afterward, 36 states needed to ratify the amendment for constitutional inclusion. An indecisive 24-year-old, Representative Harry T. Burns, cast the deciding vote, ultimately favoring ratification at the behest of his mother giving women the right to vote.

The laws of some states place our country outside the pale of what is internationally acceptable. If the U.S. does not change course on women’s rights, the U.S. will be the subject of international scorn and sanctions.

The Department of Veterans Affairs has a new rule making the agency an abortion provider. The VA has already started providing abortions to pregnant veterans and VA beneficiaries in the limited circumstances set out in the rule, which took effect when it was published on Sept. 9.

  • The VA’s rule would allow abortions for those who became pregnant as a result of rape or incest, or if a pregnancy endangered the “life and health” of the person seeking an abortion.
  • There are still questions about how “health” will be interpreted. VA officials have said it will be up to veterans and doctors to determine whether health is endangered on a case-by-case basis.

Republicans have questioned the legality of the rule and promised to give the department a tough time if the GOP regains control of Congress in the fall.

It has now been 100 days since the Supreme Court struck down the constitutional right to abortion, triggering states across the country to enact restrictive abortion laws. Since the high court’s June decision, dozens of clinics across 15 states have been forced to stop offering abortions.

People are still getting abortions. With its Dobbs v. Jackson decision in June, the Supreme Court overturned the half-century-old Roe v. Wade and effectively made abortion illegal in nearly half of US states. New data from the Society of Family Planning shows that the number of clinician-provided abortions in those states has plummeted. (It’s important to remember that data wouldn’t include self-managed abortions, where women take abortion pills at home.)

What’s perhaps more interesting is the notable jumps in abortion in states surrounding those where abortion is illegal, suggesting that women are traveling to get medical care. In Kansas, the number of abortions rose 36 percent from April to August; abortion became illegal in neighboring Oklahoma during the same time. North Carolina, which is surrounded by the less abortion-friendly South Carolina, Georgia, and Tennessee, saw a 37 percent jump.

Those jumps show up in national numbers. Despite declining by 100 percent in a number of states, the number of recorded abortions in the US only declined a modest 6 percent nationwide, from 85,020 in April to 79,620 abortions in August 2022. Of course, traveling to another state can be prohibitively expensive for many, meaning that poorer people will have a harder time terminating pregnancies in states with strict abortion laws

Clarence Thomas Must Be Forced to Resign

Clarence and Ginni Thomas have disgraced the court and the country. Ginni Thomas could be prosecuted for her actions leading up to January 6.  She has sought to overthrow the government that has given her the stature to make malicious mischief. She has agreed to appear before the January 6 committee. She sent messages to more than two dozen lawmakers in Arizona, arguing, without evidence, that there had been widespread election fraud in the 2020 presidential election.

She  says does not believe in the results of more than 60 court cases, or more than 60 judges looking at the 2020 election lawsuits.  It is incredible that she can contend this. None of the claims were true, and she rejects all of that. That it’s irrational is not a strong enough word for it. I just keep coming back to demented. It just doesn’t make any sense.”

How about trading Thomas’s resignation from the Court in exchange for an agreement not to prosecute his wife?

What’s at stake goes beyond Roe v Wade. Conservatives have been laying the groundwork for decades to reduce the power of federal agencies like OSHA, the Securities Exchange Commission, the Environmental Protection Agency, the Consumer Financial Protection Bureau, and the Federal Trade Commission.

Since Congress is not equipped to implement the laws it passes, a civil service does this in a regulated democracy. If conservatives are able to overturn the 1984 decision in Chevron v. Natural Resources Defense Council in which the justices said courts should defer to the expert judgment of regulators when interpreting statutes whenever the wording or meaning of those statutes are ambiguous. Such an outcome would put the regulatory power of agencies subject to being thwarted in the courts.

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What kinds of proposals might they consider?

Expanding the court as Franklin Roosevelt attempted to do.  While the Constitution does not provide for the number of justices, the number of justices has changed starting with six, then five, then seven, then nine, then ten, then nine. Nine has been the number since 1869.FDR’s actual proposal would have allowed him to appoint a new judge in all federal courts for every judge older than 70. Branded as “court-packing, the measure died. Expanding the Court would not only restore balance but provide an opportunity to build a Court that is representative of the multiracial, multiethnic, multicultural nation that it serves.

  • Reducing the power of the federal judiciary is over certain kinds of cases such as gun control and labor regulations. This suffers by eliminating checks and balances on the restricted law.
  • Term-limiting justices to 18 or 20-year terms is an undesirable possibility, When the Constitution was adopted, life tenure didn’t anticipate people living much beyond age 65. To do this would require a Constitutional Amendment which takes approval from both the House and the Senate, as well as ratification by at least 38 states.
  • Term limits, however, spaced and staggered, will make the court appear more, not less, political in the eyes of the public. Confirmation battles will become more numerous and subject the court to the suspicion that attaches to courts around the world that have term limits or retirement ages. The change would leave the court shorthanded too often if confirmation delays set in. That risks leaving the court with an even number of eight members, hardly an ideal composition for any institution predicated on majority rule.
  • Requiring a supermajority of six or seven justices (rather than the current five) to declare a federal statute unconstitutional. This might get the support of both parties.

Each of these concepts needs to be measured against their feasibility of being adopted and their long-term impact.

Clarence Thomas, the hardline conservative supreme court justice, is again facing calls for his recusal in the case over race-based affirmative action in college admissions. Again, this is because of his wife’s political activity.

A one-person conservative powerhouse, she set up her own lobbying company Liberty Consulting in 2010. By her own description, she has “battled for conservative principles in Washington” for over 35 years. The conflict in the current case is because Ginni Thomas sits on the advisory board of the National Association of Scholars. This group has intervened in this affirmative action case and this presents an appearance of a conflict of interest.

It has been established that Ginni Thomas met and advised Trump on who was loyal to him and who was not and who she believed to be part of the “Deep State.”. The New York Times and Axios have previously reported that Thomas would pass hiring and firing recommendations, compiled by her conservative organization Groundswell.

Trump reportedly went into rages upon being told who was disloyal. The meetings often resulted in Trump demanding that the alleged disloyalists be fired “immediately,” according to the Daily Beast.

The case, which is being brought against Harvard and the University of North Carolina, is the latest potential conflict of interest involving Thomas and his wife Virginia Thomas. Ginni, as she is known, is a prominent right-wing activist who speaks out on a raft of issues that frequently come before the nation’s highest court.

In an email on Nov. 9, just days after media organizations called the race in Arizona and nationally for Biden, Thomas sent identical emails to 27 lawmakers in the Arizona House and Senate urging them to “stand strong in the face of political and media pressure”  as reported by the Washington Post. She corresponded with John Eastman and Mark Meadows.

Virginia “Ginni” Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, pressed lawmakers to overturn Joe Biden’s 2020 victory not only in Arizona, as previously reported, but also in a second battleground state, Wisconsin, according to emails obtained under state public-records law.

The Washington Post reported this year that Ginni Thomas emailed 29 Arizona state lawmakers, some of them twice, in November and December 2020. She urged them to set aside Biden’s popular-vote victory and “choose” their own presidential electors, despite the fact that the responsibility for choosing electors rests with voters under Arizona state law.

Newly discovered emails show that Thomas also messaged two Republican lawmakers in Wisconsin: state Sen. Kathy Bernier, then chair of the Senate elections committee, and state Rep. Gary Tauchen. Bernier and Tauchen received the email at 10:47 a.m. on Nov. 9, virtually the same time the Arizona lawmakers received a verbatim copy of the message from Thomas.
The Bernier email was obtained by The Washington Post, and the Tauchen email was obtained by the watchdog group, Documented, and provided to The Post.  Thomas sent all of the emails via FreeRoots, an online platform that allowed people to send pre-written emails to multiple elected officials.

John Eastman, the former clerk to Clarence Thomas,  allegedly spent weeks pressuring Pence’s top aides, to get the vice president to agree to do one of two things:

  1. Reject electoral votes in swing states Joe Biden won and just simply call the election for his boss, Trump.
  2. Reject electoral votes in swing states Biden won, send them back to the state legislatures to decide, and pressure Republicans in those states to say Trump won, rather than Biden.   Eastman was advised by Eric Herschmann, another Trump attorney to get himself a criminal defense attorney.

The potential appearance of a conflict of interest over the Harvard case was noted in a recent investigation by the New Yorker reporter Jane Mayer that takes a deep dive into the overlapping interests of the couple. The article chronicles in devastating detail the many instances where Ginni’s political activism appears to present problems for the image and integrity of the court.

“Ginni Thomas has held so many leadership or advisory positions at conservative pressure groups that it’s hard to keep track of them,” Mayer concluded. “Many, if not all, of these groups have been involved in cases that have come before her husband.”

An even more troubling recent occurrence came about when Ginni Thomas lent her voice to Trump’s big lie that the 2020 presidential election was stolen from him.  Virginia Thomas sent at least 29 messages to the White House Chief of Staff Mark Meadows pressing him to use his influences to overturn the 2020 election.  She described the loss to President Biden as an “obvious fraud” and “the greatest heist of our history.”Paradoxically, Mark Meadows is under investigation for potential voter fraud.

Virginia Thomas has publicly acknowledged that she participated in the Jan. 6, 2021, “Stop the Steal” rally on the Ellipse that preceded the storming of the Capitol by a pro-Trump mob.

On the morning of January 6 itself, Mark Joseph Stern of Slate reported, Thomas, posted on her Facebook page words of encouragement for the “Stop the Steal” marchers in Washington. “Watch MAGA crowd today best with Right Side Broadcasting .. and then C-Span for what the Congress does starting at 1:00 pm today. LOVE MAGA people!!!!!” “GOD BLESS EACH OF YOU STANDING UP or PRAYING!”

Shortly thereafter the post was removed after the deaths of five people and more than 100 police officers injured.

Soon after the insurrection, Thomas was forced to apologize to her husband’s former supreme court law clerks for comments she made privately to them that appeared to lament Trump’s defeat in the 2020 election. The remarks were sent to a private email list called “Thomas Clerk World”.

Ginni Thomas attended an extremist “Stop the Steal” Rally meeting in Orlando, Florida on March 6, 2021, her attendance at the Orlando gathering indicates that her alliance with election deniers continued even after Joe Biden was inaugurated. Frontliners has hosted hard-right lawmakers, insisted on strict secrecy, and proclaimed that the nation’s top enemy is the “radical fascist left,” according to social media posts, court filings,  and interviews with several people involved in the group.

One photograph from the Orlando event shows pastor and conservative radio personality C.L. Bryant Bryant posing with Thomas. Others show Thomas wearing a name tag decorated with a yellow ribbon she and others wore saying “Trouble Maker.”

Thomas’s influence has grown in the new six-justice conservative supermajority. He’s being called the unofficial chief justice of the court.

Is Mrs. Thomas no less responsible for helping to trigger the incitement? We may find out as she is being subpoenaed as a witness before the January 6 committee.

The Thomas’s have been skirting ethical boundaries for years. Between 2003 and 2007, Virginia Thomas earned $686,589 from the Heritage Foundation, according to a Common Cause review of the foundation’s IRS records. Thomas failed to note the income in his Supreme Court on financial disclosure forms for at least five years, checking a box labeled “none” where “spousal noninvestment income” would be disclosed.

Prior to the election and just after the Vindman termination, the Washington Post reported that Ginni Thomas was working with and on behalf of the White House on the great “purge” while Trump was president.

Clarence Thomas was the only justice to say Trump could keep his records from Congress. He has acted as a minority of one in cases in which his wife is deeply involved. This is unethical on the face of it and any judge in the federal system would be disciplined for a breach of ethics like this. However, Supreme Court Justices decide for themselves whether they have a conflict of interest.

Virginia Thomas originated Liberty Central, whose purpose is to restore the “founding principles” of limited government and individual liberty.

The pressure should build to force  Thomas’s resignation. At age 72, he has been on the court as the longest-serving justice. After Court 30 years ago, Justice Clarence Thomas assured his law clerks, “I ain’t evolving.”  We live in a time of unprecedented change and Justice Thomas sits like a stone in the middle of the road.

With the unfolding cases unfolding in the criminal court against Trump and his operatives and with the prosecution of Trump officials increasingly certain,  now is an opportune time to call for the resignations of Thomas and Kavanaugh from the Court.  This is an opportune time to release the FBI records on Kavanaugh that were suppressed by the Trump administration.

We already see Trump’s handpicked trio of justices being accused of blatant disregard for the separation of church and state. Their ascension to the Supreme Court was enabled by a web of right-wing dark money.

Republican operatives have developed a robust network of conservative and Catholic-affiliated nonprofits, charities, and funds large out of public view  For more than a decade, this network has been leveraged to propel conservative judicial nominees. While most Americans wouldn’t recognize these operators, they have been the overseers of massive amounts of money that have gone into federal judicial races. They don’t have social media accounts and don’t give public speeches. They do all they can to operate in the shadows, out of public view.

What we do know is this began with the now-defunct Wellspring Committee, a 501(c)(4) organization that took in perhaps hundreds of millions of dollars from undisclosed donors for more than a decade. Charles and David Koch gave the first $10 million seedling donation from attendees at a Koch donor seminar.

Wellspring could pass itself off in those terms thanks to U.S. tax law, which a decade ago mandated that organizations of that type could devote no more than 49 percent of their expenditures to political activity. What distinguishes “political activity” from “social welfare” continues to be an open question, however. This loophole potentially gave Wellspring free rein to donate unlimited amounts of money to other social welfare groups, even if those groups had explicit political goals and in the process have taken control of the Supreme Court.
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Biden appointed a commission to study possible court reform. Possible recommendations may include adding four new justices to the Supreme Court, term limits for justices, and finding a bipartisan selection process, among others. Rep. Bill Pascrell (D-N.J.) called on Supreme Court Justice Clarence Thomas to resign after news that his wife, Virginia “Ginni” Thomas,  made numerous emails to with conservative lawyer John Eastman, who was central in former President Trump’s efforts to overturn the 2020 presidential election.  Thomas by participating in a  decision involving his wife’s misconduct is complicit.

Now it’s time to improve the Supreme Court. It’s time for Clarence Thomas to be pressured into resigning or move to impeach him.  Any other judge in the federal judiciary would be impeached for such conduct.

McConnell when asked if a Republican Senate would confirm a Biden nominee in 2024. “It’s highly unlikely.” So McConnell is planning on pulling the same stunt if a vacancy arose in 2023, with, say, 18 months left in Biden’s term.  When asked whether a Biden nominee — a “normal mainstream liberal”— “get a fair shot at a hearing. Well, we’d have to wait and see what happens.” Bipartisan votes on Supreme Court nominees are ancient history. That Senate is no more.  It doesn’t work with McConnell.

Ending the filibuster and court reform is the only answer and it may take one or two more Congresses to get this done. In the meantime, the Court loses credibility. Justice is the loser.

The Supreme Court dealt more blows to the Voting Rights Act on Thursday, ruling in favor of Republicans that Arizona can maintain restrictions that critics say discriminate against nonwhite voters. Justice Kagan in her dissent said, “State after State has taken up or enacted legislation erecting new barriers to voting” in recent months, saying the U.S. is “at a perilous moment for the Nation’s commitment to equal citizenship.”

“The law that confronted one of this country’s most enduring wrongs; pledged to give every American, of every race, an equal chance to participate in our democracy; and now stands as the crucial tool to achieve that goal,” she wrote. “That law, of all laws, deserves the sweep and power Congress gave it. That law, of all laws, should not be diminished by this Court.”

President Joe Biden called on Congress to pass both the For the People Act and the John Lewis Voting Rights Advancement Act to protect voting rights. “The Court’s decision, harmful as it is, does not limit Congress’ ability to repair the damage done today: it puts the burden back on Congress to restore the Voting Rights Act to its intended strength.”

The Senate failed to pass the Voting Rights Act because two Democratic Senators did not vote to create an opening in the filibuster rule. These same two Senators have created openings in the filibuster rule on less critical matters.  Now the best way forward is to elect additional Democratic senators in 2022 to make it possible to achieve needed voting rights legislation.

The Supreme Court has ruled several times over the past 50 years that a woman has a right to an abortion before the fetus can live on its own, around 22 to 24 weeks. The overwhelmingly conservative Supreme Court has upheld, on procedural grounds, a Texas law banning abortion once a fetal heartbeat is detected — so, basically, all abortions, since that’s before most people know they’re pregnant. This Supreme Court seems certain to overturn Roe v. Wade.

In another fulfillment of a right-wing plot to control America, the Supreme Court ruled for Sen. Ted Cruz (R-Texas) in his legal challenge to federal placing limits on the amount of money candidates can raise from donors to pay off their personal debt after an election. This makes running for office into a business – run for office and collect enough campaign funds to pay off debts or fund a pet project. In this way, a candidate can profit without winning.

The 6-3 ruling struck down a $250,000 cap on the amount of post-election funds a candidate can be repaid for personal loans they made to their campaign, finding that the restriction violated the First Amendment.

Biden is improving the composition of the lower courts, but with a “deeply broken” system there are no quick fixes because judges who were already woefully understaffed and often undertrained are now overwhelmed with a growing backlog of over 1.6 million cases.

Dozens of federal actions dealing with everything from energy efficiency standards to funding for transit projects have been upended by a recent Supreme court ruling against the Biden administration’s climate change calculations.

 

 

 

 

Republicans on the Senate Judiciary Committee didn’t use their marathon question-and-answer session with Judge Ketanji Brown Jackson to challenge her about two high-profile decisions she issued that went against former President Trump.

Instead, they focussed on other issues, a shift that marks the latest sign that Senate Republicans see Trump as more of a liability than an asset heading into the 2022 election. Let’s hope we’ll see the last of Trump by 2024 if the Justice Department procedures Trump and his allies.

“The Supreme Court is out of step with the American people. The decisions we are seeing are not popular. The majority of Americans want Roe upheld, but the court might well go the other way. A majority of Americans would like to see some regulation of guns; the court may not do that,” according to Shira A. Scheindlin, a former federal judge in New York who is co-chair of the Lawyers’ Committee for Civil Rights Under Law.

The Pew Research Center found this year that only 54% of respondents had a favorable view of the court, down from 69% in mid-2019, according to several opinion polls. the Gallup Organization reported last year that Americans disapproved of the court’s performance by 53% to 40%.

Chief Justice John Roberts is no longer able to manage the ultra-conservatives on the Court. In good conscious, it is time for him to resign.

The Washington Post has said: “Public faith in the Supreme Court is down to a historic low of 25 percent, and there’s a good reason why it keeps eroding. We are experiencing what the Founders feared: a crisis of governmental legitimacy brought about by minoritarian tyranny. And it could soon get a whole lot worse. In his concurring opinion in the abortion case, Justice Clarence Thomas called on the court to overturn popular precedents upholding a right to contraception, same-sex relationships and marriage equality. So much for Hamilton’s hope that “the sense of the majority should prevail.”

A petition calling for Clarence Thomas’s  removal from Supreme Court has gotten over one million signatures.

Thomas is feeling the heat.  He has canceled plans to teach a seminar this fall at George Washington University’s law school, a few weeks after the private university in the nation’s capital had defended the conservative jurist’s position on its faculty.

Thomas, on the high court for more than 30 years, has taught at the D.C. law school since 2011. His adjunct faculty position there drew controversy this summer after the court’s conservative majority overturned Roe v. Wade, the landmark 1973 ruling that had established a constitutional right to abortion.

With the support of three justices chosen by President Donald Trump in the past five years, the Supreme Court now has a 6-to-3 conservative majority. Those justices sent the court on a dramatic turn to the right in the term completed this summer, overturning the guarantee of a constitutional right to abortion in Roe v. Wade, striking a gun control law in New York, limiting the power of the Biden administration to confront climate change, and scoring victories for religious conservatives.

The Supreme Court conservatives have ignited a new era without hesitation. 

The court’s approval rating has dropped to one of its lowest levels ever in public opinion polls, led by unhappy Democrats and to a lesser extent people who heretofore identified as independents.

But Roberts said it is the Supreme Court’s job to decide what the law is. “That role doesn’t change simply because people disagree with this opinion or that opinion or with a particular mode of jurisprudence.”  In all due respect, Mr. Justice Roberts, it’s the Court’s drastic rulings that have riled the public.

 Irving Kaufman said it well, “The Supreme Court’s only armor is the cloak of public trust; its sole ammunition, the collective hopes of our society.”

Justice Thomas lacks any sense of propriety. Justice Clarence Thomas, acting unilaterally on Monday, granted Sen. Lindsey Graham’s (R-S.C.) request to temporarily shield the South Carolina Republican from testifying in a probe of alleged pro-Trump election interference in Georgia.

Newly revealed is that Trump’s lawyers described in emails ” Supreme Court Justice Clarence Thomas as “key” to Trump’s plan to delay Congress’ certification of President Joe Biden’s victory through litigation after the 2020 election.

“We want to frame things so that Thomas could be the one to issue” a temporary order putting Georgia’s results in doubt, Trump attorney Kenneth Chesebro wrote in a December 31, 2020, email, adding that a favorable order from Thomas was their “only chance” to hold up Congress from counting electoral votes for Biden from Georgia.

John Eastman, another attorney for Trump, responded to that email saying he agreed with the plan. In the email exchanges with several other lawyers working on Trump’s legal team, they were discussing filing a lawsuit that they hoped would result in an order that “TENTATIVELY” held that Biden electoral votes from Georgia were not valid because of election fraud.

Eastman was formerly a law clerk to Thomas and was in contact with Ginni Thomas.

The independent state legislature doctrine is a theory that lacks any support in the history, text, or architecture of the Constitution. It has never been judicially approved.

Following are the ways court reform of the federal judiciary needs to go:

  • term limits
  • independent and enforced ethics requirements
  • expanding number of Supremes
  • realignment of appeals districts
  • randomized assignment of cases to districts (to eliminate cherry-picking of judges)
  • elimination of legislation by the judiciary with ‘designer cases’ (e.g. independent legislation theory)