The Alabama lege has gone there by passing a bill that effectively bans safe, legal abortion. It confirms the asterisk placed on the state motto in the featured image above.
The Guardian nailed it with this brilliant headline: These 25 Republicans-All White Men-Just Voted To Ban Abortion In Alabama.
Governor Kay Ivey hasn’t announced whether or not she’ll sign the bill BUT she’s a blue-haired right-winger from central casting so she’s expected to do so. That will be the day that stars really fall on Alabama.
Anti-choicers have been “praying” for this ever since Roe v. Wade was handed down in 1973. It’s why they support Donald Trump who has pledged to only appoint judges who will strike Roe down. Unfortunately, it’s the only promise he’s kept. Thanks, Mitch.
I’m usually cautiously optimistic that Chief Justice Roberts will land on the side of precedent since he’s a genuine judicial conservative as well as an institutionalist. Unfortunately, institutionalism is on the run in the Trump era. Besides, the Chief’s record on abortion rights issues is clear: he’s apt to be just as eager to reverse Roe as his wingnuttier colleagues.
Justice Stephen Breyer issued a warning last week about the current court’s willingness to disregard precedent. Here’s an excerpt from a piece by Slate’s fine legal writer Mark Joseph Stern:
In dissent, Justice Stephen Breyer acknowledged as much. Overruling precedent typically requires a “special justification,” Breyer wrote, but “the majority does not find one.” Instead, it merely decides that Hall “was wrongly decided” and should go. “The law has not changed significantly since this Court decided Hall,” Breyer pointed out, “nor has our understanding of state sovereign immunity evolved to undermine Hall.” All that has changed is the composition of the court. He added:
“To overrule a sound decision like Hall is to encourage litigants to seek to overrule other cases; it is to make it more difficult for lawyers to refrain from challenging settled law; and it is to cause the public to become increasingly uncertain about which cases the Court will overrule and which cases are here to stay.”
It is “dangerous,” Breyer concluded, “to overrule a decision only because five Members” of the court disagree with it. “Today’s decision can only cause one to wonder which cases the Court will overrule next.” And if there were any doubt which cases Breyer was alluding to in this dark denouement, he cited the portion of Planned Parenthood v. Casey that explained why Roe should be upheld. The justice has hoisted a red flag, alerting the country that the court’s conservative majority is preparing an assault on the right to abortion access.
Justice Breyer rarely writes such scathing dissents: he’s usually the soul of moderation and courtesy. That’s why we need to take him seriously. Shit meet fan.
I am not eager for the Alabama law to reach the Supreme Court but that’s its likely destination absent an unlikely veto by the Governor. We’re on our own now.