Tuesday, July 19, 2022

'Dobbs' Will Open the Floodgates to Litigation

 That's the title of an op-ed that my oldest daughter Nicole Markus (and I) wrote about Dobbs.  The intro:

My co-author and father was born in 1972, almost 50 years ago. (Sorry, dad). The next year, in 1973, the Supreme Court ruled in Roe v. Wade that the U.S. Constitution protects the right to privacy, which includes the right to have an abortion. A few months ago, someone leaked a draft opinion in Dobbs v. Jackson Women’s Health Organization, suggesting the court was about to overturn Roe and later cases like Planned Parenthood v. Casey (which reaffirmed Roe in 1992).

Dobbs is now official, and the Supreme Court, per Justice Samuel Alito, did not change much from that draft opinion. It is now the law of the land that states can not only prohibit—but affirmatively criminalize—abortion. That means, for example, that if a woman finds out that a fetus will be born without a heart and will die within minutes of birth, a state can force her to remain pregnant for nine months and have the child, only to watch it immediately die. If a state chooses, it can force a 10-year-old rape victim only six weeks pregnant to carry a pregnancy to term (or risk being arrested for traveling to another state, as one such victim allegedly had to do after Ohio’s total ban on abortions took effect in the aftermath of Dobbs).

In Justice Brett Kavanaugh’s Dobbs concurrence, he offered the wishful thought that the court is now free from deciding further abortion cases. Boy, was he wrong. It already is clear that Dobbs is going to lead to an avalanche of litigation.

Would love your thoughts.



8 comments:

Anonymous said...

Maybe it would make more sense for abortion proponents, rather than filing lawsuits asking judges to make abortion policy and pushing to codify abortion until birth, to advocate for abortion availability during the early stages of pregnancy (oh say, 15 weeks) with exceptions allowing later abortions (in cases like the example of the baby without a heart, or a serious risk to the mother's health) like certain states have done.

Anonymous said...

Or maybe women should be free from government regulation that treats them like broodmares

Anonymous said...

yes 9:22 it would be that easy. your a genius.

Anonymous said...

This is exactly what the Taliban does. Welcome to the new Amerika. Judges and now even Supreme Court justices vote allegiance to a political party who put them there telling them how to vote. Our democracy is dead. We witnessed the most savage attempt at overthrowing our democracy since the assignation of Abraham Lincoln. Almost 2 years later the DOJ had not charged one conspirator. Yet the foolish rioters are charged. The conspirators who organized it will NEVER face justice. Western democratic nations are chilled at our response. Many said Biden was the right person for the times. History will show he was not and Attorney General Garland's lack of interest and commitment for holding people accountable shows we lost our way. Now even the Secret Service who parts of them were involved in the plot to hush Pence away purposely destroy evidence. No one will ever be held accountable.

Anonymous said...

This is all very interesting but the big news this week is that Alan Dershowitz has been cancelled on Martha's Vineyard. Enough is enough with this woke culture.

https://www.salon.com/2022/07/18/alan-dershowitz-feels-canceled-by-marthas-vineyard_partner/

Figg said...

9:22 AM that is both highly irrelevant and also old news. Dude's been complaining about being a pariah there for YEARS: https://www.nytimes.com/2018/07/03/us/alan-dershowitz-marthas-vineyard.html

Anonymous said...

Actions and associations have consequences. The funny part is him trying to cast it as his representation of trump. Of course, that is not it. It is his association and close friendship with Epstein and his actions in forcefully appearing on fox and newsmax for his own aggrandizement and advancement of trumps agenda - beyond mere representation. By now he must know that his legacy will not be a kind one.

Anonymous said...

Before the Republicans finish their jubilee celebration of the death of judicial restraint and the unchecked will of the majority, they should go back and check when the last time the American right won a popular vote, or a secession, or a civil war.