Fox News hosts and their guests have expressed their outrage over the leak of the draft Supreme Court decision regarding Roe v. Wade which was authored by Justice Samuel Alito. To be clear, this was not a classified document — it was not stamped “top secret.” In fact, the content of this draft is on its way to the American public once the Supreme Court has arrived at a final decision. Why, then, all the drum-beating to find the leaker who has been characterized as a left-wing looney who must be punished?
Given the content of the draft, it seems every bit as likely that Chief Justice John Roberts was the leaker in an attempt to put enough pressure on the other conservative justices to change their votes. Alito’s draft, while a direct assault on a woman’s right to deal with reproductive issues as she sees fit, goes much farther. Alito states, “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely — the Due Process Clause of the Fourteenth Amendment.” Other such rights which have been construed by the courts to be covered under due process are marriage equality and interracial marriage.
The right of a woman to terminate an unwanted pregnancy is a legal precedent set nearly 50 years ago. A woman’s right to vote goes back only 100 years. Does Justice Alito believe that we have gone too far in providing women with independent rights, not specifically granted by men? Women have also been fighting the battle for equal rights in the workplace and are still facing wage discrimination.
The Republican Party has been fighting the battle against abortion rights for nearly 50 years and they now appear to resemble the dog that finally caught the car it was chasing and had no idea what to do with it. Consider that only 29% of Americans favor the overturning of Roe v. Wade; this Supreme Court decision could come with a very high political price. Yet women are only a small part of the discrimination issue within the Trump/MAGA/GOP which has adopted Trump’s “Big Lie” about a stolen 2020 election and used it to justify restrictive voting measures which are now law in 19 states. Many of these laws specifically targeted the voting methods preferred by inner-city African Americans, a blatant attempt to limit voting rights of a demographic group that heavily favors Democrats.
With the assistance of Alito and his conservative associates, we seem to be headed back to where this country was at its inception – a collection of “free” and “slave” states. Live in a free state? You, as a woman, have reproductive rights and may obtain an abortion if you see fit. Live in a free state? As a gay or lesbian individual, you will have the right to marry the person of your choice. Live in a free state? Voting will be relatively easy as it is here in Oregon. Live in a free state? Your children will be able to study American history that has not been tilted in favor of the white Americans who enslaved African Americans.
It should be noted that if Roe v. Wade is overturned, it will be up to each state to either ban or approve some level of abortion. The wealthy in states with abortion bans (13 states have already passed such laws) will have no problem purchasing a ticket for a flight to a free state to gain access to an abortion. For the poor and pregnant, however, this will not be an option. In other words, inner-city African Americans in locations such as Houston, Texas, will find themselves out of luck. The Trump/MAGA/GOP will have stuck it to African Americans twice — once at the ballot box and again with their reproductive rights.