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Emil Guillermo: Roe v. Wade overturned and the tears in our divided country
I saw a crying Asian American woman on the TV news.
She reminded me of my daughters.
What is worse? To kill abortion in America, or to kill our sense of freedom and American democracy?
In Friday’s rulings, the Supreme Court of the United States managed to do both. The court declared itself a political animal and overturned Roe v. Wade and the constitutional right women have had for nearly 50 years to choose abortion.
When the ruling came down, I was considering a column on the latest Jan. 6 Committee hearings that revealed how the former president tried to get his legal arm, the Justice Department, to aid him in stealing the 2020 election. That came perilously close to crossing the line from democracy to autocracy.
But Friday’s Supreme Court ruling has the same impact of the autocracy we fear.
In one of the most personal and intimate matters a person can experience–childbirth–the government in many states has the last word.
The high court is saying you’re having the baby.
Even President Joe Biden can do nothing to reverse the ruling by executive order and called the court’s decision “a tragic error.”
So now the chaos begins.
For Asian American women living in states that have protected abortion through viability, the right to choose still exists in places like California, Washington, Oregon, Nevada, Pennsylvania, New York, New Jersey, and Massachusetts, among others.
But other states, like Missouri, have laws set to make abortion illegal as soon as Roe is overturned. And others have already restricted abortion before viability.
If you want an abortion, you may have to drive some place hours away.
If you are able and can afford to do it.
The real impact is clear. A woman’s choice has been compromised. If you wanted an abortion on Thursday, in many states it is no longer available on Friday.
The court’s actions come in two separate decisions, the first affirmed by a 6-3 vote a Mississippi law that bans abortion at 15 weeks when some mothers don’t even know they’re pregnant.
The second vote on abolishing the right to abortion established by Roe in 1973 was overturned 5-4, giving Chief Justice Roberts a way to join the dissenting liberals (Breyer, Kagan, Sotomayor).
It likely was an attempt for Roberts to look slightly less radical than the ultra-conservative disruptors (Thomas, Alito, Kavanaugh, Gorsuch, Barrett).
But the damage is done.
The logic of the rulings is still from that Justice Alito’s leaked draft, which stays true to the extreme originalist view that questions how abortion can be guaranteed by the Constitution when the word isn’t in the Constitution.
Legally, you can argue that. But since 1973 when Roe was decided, that argument lost to issues of privacy and personal choice, matters upheld not by the word “abortion” in our Constitution, but by the presence of the 14th Amendment, which reads in part: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
As President Biden said Friday morning to the nation, Roe v. Wade was the law of the land for the lifetime of many Americans today.
Roe was a 7-2 decision written by a justice appointed by Nixon, and for nearly five decades was upheld by a majority of judges appointed by mostly Republican presidents.
And now it’s undone by three Trump appointees, two of whom appear to have lied under oath in confirmation hearings when they said they respected precedent, specifically when it came to decades-long rulings like Roe.
Little lies? Add it to the Big Lie, and if you thought our democracy was hanging by some dental floss, it’s even worse today.
But now there are real consequences of women’s lives, their health and safety. California, where the majority of Asian Americans live, should be fine, but what of those states with big AAPI communities like Texas?
What about those with restricted means who may have to travel to seek an abortion? And what about states that may seek to criminalize those seeking an abortion or even those who aid them?
And then since the court has other issues on the agenda, what are we to make of Justice Thomas’ concurring opinion where he boldly states “[We] should reconsider all of the Court’s substantive due process precedents.” Specifically, he means laws on contraception, LGBTQ equality, and same-sex marriage.
It’s a lifetime appointment, after all. Maybe he wants to overturn every bit of social justice good that has happened in a lifetime.
What’s the way out? There has been talk about making the court bigger. It used to be called “packing the court.” But in truth, the Republicans of the last 20 years have done it better than anyone else.
No, overturning Roe is something that requires a real check.
If the court insists on being a political player and not an impartial arbiter, then maybe it’s time to consider things like “term limits.”
In the meantime, the Court has lost a sense of itself and its adherence to legal precedents. Laws aren’t laws. They’re judges. It’s nine personalities now, six of them far too conservative for where this country is now. The ruling today shows the Court is far too prone to the political, maybe to the point of autocracy. Or, considering the religious bent of the three Trump justices, theocracy?
Neither is why our founders bolted from England.
But here’s how bad things have gotten. We are in a different democracy now than what we’re used to.
We knew this is where we were heading. It just hurts more when you see the impact of the court’s ruling on women up close.
On the news, I saw a young Asian American woman interviewed outside the Supreme Court.
She was crying for our democracy.
“If feels like a betrayal,” she told NBC News. “It feels like my country doesn’t love me and appreciate my body as a woman…I can’t say anything except that it hurts.”
A young woman’s tears were all the evidence one needs.
Something’s out of balance in our country that’s more divided than ever.
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NOTE: I will talk about this column and other matters on “Emil Amok’s Takeout,” my AAPI micro-talk show. Live @2p Pacific. Livestream on Facebook; my YouTube channel; and Twitter. Catch the recordings on www.amok.com.
Emil Guillermo is an independent journalist/commentator. Updates at www.amok.com. Follow Emil on Twitter, and like his Facebook page.
The views expressed in his blog do not necessarily represent AALDEF’s views or policies.
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