Showing posts with label Texas abortion law. Show all posts
Showing posts with label Texas abortion law. Show all posts

Monday, September 6, 2021

Justice Department Pushes Back On Texas Abortion Law

 

From the Justice Department this afternoon:


Statement from Attorney General Merrick B. Garland Regarding Texas SB8

The U.S. Department of Justice today issued the following statement from Attorney General Merrick B. Garland regarding Texas SB8: 

“While the Justice Department urgently explores all options to challenge Texas SB8 in order to protect the constitutional rights of women and other persons, including access to an abortion, we will continue to protect those seeking to obtain or provide reproductive health services pursuant to our criminal and civil enforcement of the FACE Act, 18 U.S.C. § 248.

“The FACE Act prohibits the use or threat of force and physical obstruction that injures, intimidates, or interferes with a person seeking to obtain or provide reproductive health services. It also prohibits intentional property damage of a facility providing reproductive health services. The department has consistently obtained criminal and civil remedies for violations of the FACE Act since it was signed into law in 1994, and it will continue to do so now.

“The department will provide support from federal law enforcement when an abortion clinic or reproductive health center is under attack. We have reached out to U.S. Attorneys’ Offices and FBI field offices in Texas and across the country to discuss our enforcement authorities. 

“We will not tolerate violence against those seeking to obtain or provide reproductive health services, physical obstruction or property damage in violation of the FACE Act.”

Good.  Keep the pushback going.  Bring down the hammer of justice on any Bible-banging mook who tries to be a bounty-hunting vigilante.


Monday Reading

 

As always, please go to the links for the full articles/op eds.

Professor Lawrence Tribe outlines several actions the Attorney General could take to counter the Texas anti- abortion law, among them:

The attorney general should announce, as swiftly as possible, that he will use federal law to the extent possible to deter and prevent bounty hunters from employing the Texas law. If Texas wants to empower private vigilantes to intimidate abortion providers from serving women, why not make bounty hunters think twice before engaging in that intimidation?

For example, Section 242 of the federal criminal code makes it a crime for those who, “under color of law,” willfully deprive individuals “of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.”

This statute — originally designed to go after the Ku Klux Klan — fits the Texas situation perfectly: The bounty seekers, entitled under the Texas law to collect penalties of at least $10,000, have been made, in effect, private attorneys general of Texas. They act “under color of state law,” and unless and until Roe v. Wade is overruled, they unmistakably intend to prevent the exercise of a constitutional right.

In addition, Section 241 of the federal criminal code makes it an even more serious crime for “two or more persons” to agree to “oppress, threaten, or intimidate” anyone “in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same.” This crime may be committed even by individuals not found to be acting “under color of law” but as purely private vigilantes, as long as they’re acting in concert with others.

Get moving, AG Garland!

James Downie sends a message to elected Democrats:

In short, one party has maximized the power it does have, and is still aiming so high that even the “compromise” version is still a major win. The other has fiddled away its years in power, yet once again is settling for less than half a loaf. This is not a recent phenomenon. The very foundation for Republicans’ looming “success” on abortion is that Sen. Mitch McConnell (R-Ky.) — both as majority and minority leader — has squeezed Democrats repeatedly on the judiciary, culminating in the theft of a Supreme Court seat in 2016. While the Manchins of the world whine about decency and decorum, McConnell and company played hardball — and won.

To be sure, Democrats’ current caution might make some sense if Republicans’ priorities were more popular. But the opposite is true. The new Washington Post-ABC poll, for example, found Americans support the reconciliation package by 53 to 41 percent, with an similarly wide gap of 13 percent among independents and a 32 percent gap among self-identified moderates. By contrast, an AP poll found that almost 60 percent believe abortion should be legal in all or most cases. And yet, maddeningly, Democrats act like they’re the ones on the back foot with the public.

The conventional wisdom in Washington is that voters reward action and punish parties that stray too far from the middle. The first part is true, but as the past decade has shown, the latter is misleading at best. Republicans certainly haven’t paid any price for taking the Supreme Court from delicately balanced to decidedly conservative, nor for making the county’s tax system as unequal as possible. And when Democrats have faced rebuke at the polls, they’ve been hurt more by blunting the effectiveness of their best ideas — the stimulus, the ACA, etc. — rather than doubling down on them.

Stop fretting, Democrats, and use the power you have.

We're proud to be members of the only party supporting democracy in America, but damn, it's  so frustrating, too.

Ed Kilgore has constructed a historical timeline tracing the roots of the January 6 insurrection and the malignant loser's long campaign to stay in office. Here's his intro:

The House select committee’s investigation into the Capitol Riot and the various media ticktocks explaining what Donald Trump and his allies were doing in the days immediately leading up to it are casting new light on an important threat to American democracy. But the intense focus on a few wild days in Washington can be misleading as well. Trump’s campaign to steal the 2020 presidential election began shortly after the 2016 election, and arguably the moment of peak peril for Joe Biden’s inauguration had already passed by the time Trump addressed the Stop the Steal rally on January 6.

A full timeline of the attempted insurrection is helpful in putting Trump’s frantic, last-minute schemes into the proper context and countering the false impression that January 6 was an improvised, impossible-to-replicate event, rather than one part of an ongoing campaign. If Congress fails to seize its brief opportunity to reform our electoral system, the danger could recur in future elections — perhaps with a different, catastrophic outcome.

We have confidence that the select committee will provide a rigorous examination of the machinations of the malignant loser and his Christo-fascist toadies in Congress who attempted to overthrow the results of the election -- and are still at it.  Stay tuned.

E.J. Dionne, Jr., writes about how "freedom" is a purpose of organized labor:

Lane Windham, the author of “Knocking on Labor’s Door,” a history of labor organizing in the 1970s, says that’s precisely the point of the union movement: Without countervailing power to the authority of employers, workers have remarkably few, if any, rights in their workplaces.

In an interview, she argued that in the coming debate over President Biden’s Build Back Better program, one focus of the conversation should be on how assisting workers by providing government help for child care and elder care advances “the freedom that comes from security and peace of mind.”

“We continue to rely on women who are in the workplace to take on the task of unpaid child care,” she said. “They need that infrastructure, they need that support, if we want them to work in the economy. We’ve been patching it together for 40 years.”

One of the contributions of Transportation Secretary Pete Buttigieg’s 2020 presidential campaign was his insistence that progressives must no longer cede to the political right rhetorical control over the word and the idea of “freedom.” Noting the role legal recognition of same-sex marriage played in his life as a gay man, he argued that “the chance to live a life of your choosing” is “freedom in its richest sense.”

His point applies to the world of work as well. Labor Day honors the struggles of American workers to live lives of their own choosing with a degree of prosperity and security. No less than July 4, this September day is a celebration of freedom.

Balloon Juice's Mistermix counters the "don't make fun of the covidiots" argument made by people like writer Elizabeth Bruenig:

I see variants of Bruenig’s “stop making fun” argument all the time. The issue is that many of the vaccine “hesitant” don’t want rational colloquy — they want engagement with their stupidity, so they can trot out their dumb Facebook-inspired ideas. They are thirsty for attention, not for a free, easily obtainable vaccine.

In contrast to Bruenig’s unicorn and rainbows outlook on humanity, let me share two vaccine success stories. One is from a young man that I know who has two elderly grandparents who weren’t vaccinated. They live in NYC. What got them to get their first shots a couple of days ago was the new requirement that you must be vaccinated to dine indoors. There wasn’t a rational conversation. To be fair, these people weren’t nutty Trumpers — in fact, they’re very sweet people. Still, their kids and grandkids trotted out all the usual arguments, and the only thing that moved them was inability to get dinner in places they liked to visit.

So, that’s one approach. Another was related in a comment on the Herman Cain subreddit that I can’t find right now. The gist of it was that a woman was concerned about her friend, an unvaccinated single mom with 5 kids. She began sending her friend instructions on how to claim the burial reimbursement for death from COVID, instructions on how to apply for life insurance, and other useful advice for the vaccine “hesitant”. Her friend texted her a picture of her vaccine card shortly thereafter.

Unlike scaring your friends with almost-certain death, vaccine mandates are scalable. I also think that vaccine mandates and proof of vaccination to travel will work with a good number of these stubborn assholes, no matter how loudly they squeal. Unfortunately, the combination of their loud noisemaking, the unfairness of making essential workers enforce these mandates, and the fact that a lot of the loudest anti-vaxxers are cops who won’t enforce the mandate has slowed us down.

To which we offer a secular "amen."

Finally, you're encouraged to visit Infidel 753's link round-up for a comprehensive digest of links to posts of interest from around the Internet.  He also posts stimulating essays on a variety of topics, so maybe you should bookmark his blog if you haven't already done so?


Friday, September 3, 2021

Did Radical Republican Dogs Finally Catch The Car?

 

Here's a sampling of opinion this morning on the Texas law effectively ending abortion rights in that state:

 

"The court’s order is stunning. Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of justices have opted to bury their heads in the sand.

"Last night, the court silently acquiesced in a state’s enactment of a law that flouts nearly 50 years of federal precedents. Today, the court belatedly explains that it declined to grant relief because of procedural complexities of the state’s own invention. Because the court’s failure to act rewards tactics designed to avoid judicial review and inflicts significant harm on the applicants and on women seeking abortions in Texas, I dissent." -- Justice Sonia Sotomayor, in her dissent to the SCOTUS acquiescence in letting the Texas law stand.

 __________

"...It’s not just that the majority of the Supreme Court functionally ended abortion rights for most women in Texas last night merely because they could. And it’s not just that they did so because—as is so often the case with impressionistic, frayed shadow docket reasoning—their personal feelings about the constitutional right to abortion are quite robust. It’s almost impossible to not go one further and declare that the court opted to end virtually all abortion rights in Texas, in the full knowledge that they were blessing an unconstitutional and brutal piece of lawless vigilantism, because it’s only about women." -- Dahlia Lithwick, Slate.

__________

"Today, accountability has suddenly arrived. Texas Republicans have just elevated abortion rights to perhaps the state’s supreme ballot issue in 2022. Perhaps they have calculated correctly. Perhaps a Texas voting majority really wants to see the reproductive lives of Texas women restrained by random passersby. If that’s the case, that’s an important political fact, and one that will reshape the politics of the country in 2024.

"But it’s also possible that Texas Republicans have miscalculated. Instead of narrowly failing again and again, feeding the rage of their supporters against shadowy and far-away cultural enemies, abortion restricters have finally, actually, and radically got their way. They have all but outlawed abortion in the nation’s second-largest state, and voted to subject women to an intrusive and intimate regime of supervision and control not imposed on men. At last, a Republican legislative majority has enacted its declared beliefs in almost their fullest form—and won permission from the courts to impose its will on the women of its state." -- conservative David Frum, The Atlantic.

__________

"Joshua Wilson, a political science professor at the University of Denver, said Republicans have had a “safe space” for years, because their vow to outlaw abortion was seen as an empty promise by both the left and the right as a result of the support for legal abortion during the previous Supreme Court regime.

"Now, that safe space is gone.

“'Under Trump, the Supreme Court context changed dramatically. So suddenly you’re in this context where the court might roll back abortion rights,'” Wilson said. “'That makes the politics more dangerous for Republicans.'” -- Alex Seitz-Wald and Sahil Kapur, NBC News.

__________

"This is not the end of the legal road, even in the federal courts. The underlying legal dispute can proceed through the lower courts and back up to the justices. There is litigation in state courts in Texas as well, state courts that are also bound to respect the Constitution.

"In the interim, though, the impact is clear. In Texas, women’s constitutional rights are being violated every day — as those sworn to uphold and enforce the Constitution stand by, approving." -- Ruth Marcus, Washington Post.

__________


 

Let's all make sure that this war on women, which will now be waged in every Republican- controlled state in the Union, will end in the annihilation of Trumpist, Christo-fascist Republicanism.  Rise up and stay risen!


Wednesday, September 1, 2021

Statements By President Biden And VP Harris On Texas Abortion Law (UPDATED)

 

President Biden:

"Today, Texas law SB8 went into effect. This extreme Texas law blatantly violates the constitutional right established under Roe v. Wade and upheld as precedent for nearly half a century.

"The Texas law will significantly impair women’s access to the health care they need, particularly for communities of color and individuals with low incomes. And, outrageously, it deputizes private citizens to bring lawsuits against anyone who they believe has helped another person get an abortion, which might even include family members, health care workers, front desk staff at a health care clinic, or strangers with no connection to the individual.

"My administration is deeply committed to the constitutional right established in Roe v. Wade nearly five decades ago and will protect and defend that right."
 

Vice President Harris:

"Today, a new law takes effect in Texas that directly violates the precedent established in the landmark case of Roe v. Wade. This all-out assault on reproductive health effectively bans abortion for the nearly 7 million Texans of reproductive age. Patients in Texas will now be forced to travel out-of-state or carry their pregnancy to term against their will. This law will dramatically reduce access to reproductive care for women in Texas, particularly for women with low incomes and women of color. It also includes a disturbing provision that incentivizes private citizens to sue anyone who assists another person in receiving an abortion.  

"The Biden-Harris Administration will always fight to protect access to healthcare and defend a woman’s right to make decisions about her body and determine her future."

 

Let's be perfectly clear:  this is a Republican assault on reproductive freedom for women. It will be copied in other Republican states, and the Republican Supreme Court won't act because it fulfills their warped ideological agenda while not directly embroiling them in overturning a nearly 50 year old precedent.

The extremists in Texas' rotted out Republican party (a.k.a., the "party of life") are perfectly fine with restricting their access to a legal abortion or to family planning services, while at the same time allowing ammosexuals to open carry firearms without a license.  Rigging future elections will ensure they're likely to get away with outrages like this in the foreseeable future.

UPDATE:  

A sharply divided Supreme Court early Thursday said it will not block a new Texas law that deputizes any Texan to enforce a six-week ban on abortions. Five justices — Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — explained in a brief, unsigned majority opinion that the abortion advocates asking for an emergency stay "raised serious questions regarding the constitutionality of the Texas law at issue," but they were unable to untangle the "complex and novel antecedent procedural questions" raised by the law.

The four dissenters — Chief Justice John Roberts and Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan — argued in separate rebuttals that their five colleagues, without any real debate, were rewarding Texas lawmakers for inventing a novel scheme to stomp on decades of Supreme Court precedent.

"It was hard to figure out what the law the Texas Republicans enacted does, so we'll just let it stand" is a helluva skeevy excuse.  But consider the sources.


Thursday, May 20, 2021

Texas To Virtually Ban Abortions Under New Law




With a 6 - 3 right-wing majority on the Supreme Court that shows hostility to women's reproductive rights, Republican pols and their reactionary and misogynist Christofascist base are pushing hard to render Roe v. Wade null and void. Last Monday, the SCOTUS decided to take up Mississippi's restrictive abortion law case, Dobbs v. Jackson Women's Health Organization, in their next session in October, sending the clear signal that Roe was on the table.

Yesterday, Texas' extremist Trumpist Gov. Greg "Abbadabba" Abbott, who botched his response to the disastrous failure of Texas' electric grid this winter, signed a bill that would prohibit abortions past the 6th week of pregnancy, even in cases of rape and incest. The vast majority of women don't realize their pregnant at that stage, so it's effectively a ban on all abortions. It's been pointed out that the bill is a nightmarish attack on victims of sexual assault, who would have virtually no time to react to terminate a pregnancy in that situation.

While Texas' so-called "heartbeat law" doesn't take effect until September, and is being challenged vigorously by pro-choice organizations, it's a serious threat to reproductive rights that will undoubtedly be the template for other right-wing Republican-led states, emboldened by the current Supreme Court makeup. 

(photo: Abbott -- All hat, no cattle, and no concern for women's rights. Kevin Jairaj / USA Today Sports)