The court scholar serving Hermann of Thuringia.

The court scholar serving Hermann of Thuringia.
The scholar

2022/07/29

Thoughts on Supreme Court decision on abortion

 Recently had a lengthy discussion on Twitter about pregnancy choice. The initial entry was all about how much a pregnancy costs. Nothing went particularly wrong with the pregnancy, the baby s fine and the mother is happy. A fellow who claimed to be a neutral centrist but who kept making clearly anti-choice comments, asked a question. I responded. During the course of the conversation, we focused on a particular page taken from Supreme Court Justice Alito's anti-Roe decision. Here are what I regard as the two most critical sentences:

These legitimate interests include respect for and preservation of prenatal life at all stages of development. … The protection of maternal health and safety.

To me, these describe the priorities of the Supreme Court majority in this opinion.

As to the 10-year old girl in Ohio who was raped and found herself very close to the mark of when Ohio did not permit abortions, there's no question that Ohio was seeing to it that they were showing “respect for and preservation of prenatal life”. Would her giving birth have proven fatal or very unhealthy? Doubtful.

The "bodily harm" doesnt even apply because a 10 year old can give birth safely to a child. So the answer to my original question is no there is not an exception that would allow this abortion to take place in Ohio.

So this was not a case of unintended consequences or of things going sideways into unforeseen circumstances. Alito and the rest of the Supreme Court majority had only seen ft to account for the girl's “health and safety.” Once that was satisfied, they had no problem with seeing to it that she would be required to give birth. In fact, the National Right to Life organization made it quite clear that:

“She would have had the baby, and as many women who have had babies as a result of rape, we would hope that she would understand the reason and ultimately the benefit of having the child,” Bopp said in a phone interview on Thursday.

Is Alito himself troubled at all by the obvious problems with the decision as it's currently formulated? Not so you'd know it. He appeared for a speech and didn't appear to be even slightly troubled by problems with the decision.

So when anti-choicers ask you “Why do people hate us?” Well, there's a good reason for that.

Update: The Biden Administration has put out an instruction that women who are suffering complications and might die without an abortion, must receive abortions, regardless of what local and state laws may say. Texas Republicans object to this. They argue that saving the life of a woman via an abortion might put her at risk of being found guilty under Texas law.