Friday, September 10, 2021

The dog that caught the car

I thought this Slate column on why the Republicans (and Australian Right wingnuts) have been fairly muted in their excitement over the Texas effective ban on abortion was pretty good.  Key parts:

Despite the Republican Party’s decades long crusade against Roe v. Wade, the vast majority of GOP politicians declined to celebrate, or even note, Roe’s functional demise. Why?

The most obvious answer is that Republicans are now the dog that caught the car, fearful of the political ramifications of their own victory. Indeed, it seems undeniable that Republicans did not anticipate this abrupt triumph over Roe, instead assuming that the Texas law would be blocked by the courts. After all, hundreds of similar laws were blocked by the courts for years. Their decision to downplay this victory should upend the conventional wisdom about Roe not just politically, but also from a constitutional perspective.

For years, conservative lawyers have argued that the Supreme Court should not uphold pro-choice precedent because it is unsettled, unstable, and unworkable. As evidence, they cite the fact that red states continue passing all manner of abortion restrictions to contest the legitimacy of Roe as settled precedent. But the GOP’s reaction to the Texas law suggests that this analysis has it backward. What if Republicans only continued to pass abortion restrictions because they knew the laws would get struck down? What if the passage of these laws proves that Roe is such a settled, stable, and workable precedent that legislators think they can pretend to defy it without worrying about the consequences?

The rest of it, talking about the history of Republican tactics, was interesting, too.

1 comment:

  1. yep,few people who oppose abortion like me realise they are in a minority. That is a tragedy.

    Abortion is now inculcated into USA culture like it is here.

    ReplyDelete