“The inescapable conclusion is that a right to abortion is not deeply
rooted in the nation’s history and traditions.” — Justice
Samuel Alito
You know what is deeply rooted in the nation’s history and traditions? Slavery and the subjugation of women, particularly Black women.
The reckless Supreme Court decision to overturn Roe v Wade has triggered chaos, despair, and rage across America. It holds many parallels to the Civil War era:
States’ rights. By returning abortion decisions to states, Kavanaugh disingenuously claims “scrupulous neutrality.” But “states’ rights” was the fig leaf behind which slavery hid. Letting states decide for themselves meant powerful white men could enslave Black people. Right now, “states rights” is the fig leaf behind more than half of U.S. states’ severely restricting abortion or banning it altogether in an obliteration of women’s rights.
Lack of bodily autonomy. Enslaved people were considered property—they could be bought, sold, brutalized, starved, raped, forced into labor. Being forced into the labor of carrying, birthing, and raising or surrendering a child is also enslavement.
Not even second-class citizens. Enslaved people were explicitly prohibited from citizenship until the 14th amendment was ratified in 1868. Women, even white women, fared just as poorly, with no property, voting, employment rights, or even the ability to get a credit card until well into the 20th century.
The Fugitive Slave Act. Passed in 1850, this act required that enslaved people be returned to their enslavers, even if they were in a free state. Right now, we are witnessing the mind-boggling swiftness and reach of anti-choice states going after women and anyone who helps them even if they travel to states where abortion is legal.
Jia Tolentino of The New Yorker warns of a totalitarian and technological twist to today’s vicious pursuits:
“We have entered an era . . . of widespread state surveillance and
criminalization—of pregnant women, certainly, but also of doctors and pharmacists and clinic staffers and volunteers and friends and family members, of anyone who comes into meaningful contact with a pregnancy that does not end in a healthy birth.In the states where abortion has been or will soon be banned, any pregnancy loss past an early cutoff can now potentially be investigated as a crime. Search histories, browsing histories, text messages, location data, payment data, information from period-tracking apps—prosecutors can examine all of it if they believe that the loss of a pregnancy may have been deliberate. Even if prosecutors fail to prove that an abortion took place, those who are investigated will be punished by the process, liable for whatever might be found.”
“Let the people decide.” Which people? Throughout most of our history, Black people and women couldn’t vote. A minority of powerful white men called the shots. Today, minority rule dominates as well, thanks to the Electoral College, the filibuster, gerrymandering, a breath-taking array of new voter suppression laws, and two stolen Supreme Court seats. The Senate is split 50-50, but the Democratic half represents 41,549,808 more people than the Republican half. Huge majorities of Americans favor retaining Roe v Wade, but are helpless to exercise their formerly protected rights in the slave states of Gilead.
The minority dissent in Dobbs by Justices Breyer, Sotomayor, and
Kagan, is crystal clear: “Whatever the exact scope of the coming laws, one result of today’s decision is certain: the curtailment of women’s rights, and of their status as free and equal citizens.”
