In the wake of Dobbs, spurred by a clear threat best articulated in Clarence Thomas’ concurring opinion, the U.S. House of Representatives has passed a bill that would guarantee continued access to contraception.
Actually, that sentence is somewhat inaccurate: the Democrats in the House passed the measure; they were able to garner exactly eight Republican votes.
Think about that.
The measure passed 228 to 195, meaning that almost all Republicans refused to protect an unrestricted right to the purchase and use of contraception. Those eight votes represented only slightly more Republican support than two bills that the House passed the prior week, which would have guaranteed access to abortion. Almost all Republicans united in opposition to that measure.
Worse still, the linked article from the Times reports that the contraceptive bill is “almost certain to fail in the evenly divided Senate, where most Republicans are also likely to be opposed.”
Again–think about that. Today’s GOP wants government to be able to control one of the most intimate decisions citizens can make–a decision that is fundamentally private, a decision that is absolutely none of government’s business
“An extreme G.O.P., an extreme Supreme Court, they want to take away your freedom and your control over your own lives,” said Representative Angie Craig, Democrat of Minnesota. “We are in an absurd time.”
She said before the vote that “quite frankly, I’m appalled that we have to vote on this damn bill at all. This is not an extremist issue. This is an extremist G.O.P.”..
Half of the eight Republicans who broke with their party to support the measure are retiring from Congress, including Representatives Anthony Gonzalez of Ohio, John Katko of New York, Adam Kinzinger of Illinois and Fred Upton of Michigan. The remainder — Representatives Liz Cheney of Wyoming, Brian Fitzpatrick of Pennsylvania, Nancy Mace of South Carolina and María Elvira Salazar of Florida — have sought to appeal to moderates and independent voters to bolster their re-election bids.
In Griswold v. Connecticut–a 1965 case–William O. Douglas’s majority opinion reflected the logic of its conclusion. He wrote “Would we allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives? The very idea is repulsive to the notions of privacy surrounding the marriage relationship.” The majority found a right to privacy–the doctrine of substantive due process that was explicitly undermined in Dobbs–in the language of several of the amendments, which Douglas noted would be difficult or impossible to respect without the implicit recognition of such an underlying right. In a concurrence, Justice Goldberg found that same right in the Ninth Amendment, and Justices White and Harlan argued that privacy is protected by the due process clause of the Fourteenth Amendment.
Wherever it resided–in a “penumbra” or the 14th Amendment–they agreed on its presence and importance.
The bottom line–a line virtually all Americans have come to rely upon–is that there is a limit to decisions that government may legitimately make. The very language of that libertarian premise I often quote indicates where that line is to be drawn: We the People have the right to live our lives in accordance with our own moral, ethical and religious beliefs, free of government restrictions, so long as we are not thereby harming the person or property of others, and so long as we are willing to grant an equal right to others.
Government, in other words, has the right–indeed, the obligation–to intervene when our behaviors are harming people who haven’t consented to that harm. Government must leave us alone–in Justice Brandeis felicitous formulation–otherwise. In my far less felicitous framing, the question is: who decides? If my beliefs or behaviors aren’t hurting anyone else, the decision must rest with me.
There can obviously be debates about the nature of harm. (Does a refusal to wear a seatbelt threaten others and justify seatbelt laws? how?) But that isn’t what today’s social issue debates are about. Today’s GOP is a White Nationalist Christian cult, intent upon breaching any right to self-determination that is inconsistent with its twisted theology–a theology not shared–indeed,rebutted– by many genuine Christians.
To the Americans who have relied on their right to direct their own lives for the past fifty years–who have pooh-poohed warnings about the Christian Taliban, confident that their right to self-determination was secure–Congress has sent a message. It can happen here.
In fact, it is happening. Right now.
If this does not create a blue wave in Nov, we are just screwed.
I guess we know why vasectomies have increased dramatically in the USA. But unfortunately, the term “politically absurd” will become normalized as the government of our society declines further with each passing day.
How many on this forum wasted countless hours watching the 1/6 hearings hoping justice would be administered?
How many watched the impeachment hearings before that, hoping Trump would get impeached?
How many thought Trump’s name would be scrubbed by the media after his defeat making him irrelevant?
LOL
I could go on, but I noticed that Patmcc believes this should enrage voters enough to vote for the Democratic National Party. Why?
What are the Democrats doing in the midst of all of this? They started WW3 and didn’t push through anything they promised to the working class. We will be entering stagflation, so keep your eyes on the FED and the printing presses.
Longfellow ascribed what was thought to be a famous quote of Paul Revere: “The British are coming!” We know now that Revere would not have been so foolish because the British deployed spies and were already hidden in Colonial towns. Today’s CIA credits Paul Revere for being among our first patriot spies known as the ‘mechanics’. But Revere and our patriot fathers were fighting the old fashioned tyranny of taxes from an offshore monarchy. What is our resistance today? What erudite poet will give whom the credit for warning: “The Republicans are coming. The Republicans are coming”. What opportunity for poetic punditry! And what do you know, it ain’t about good old fashioned taxes. After all! What contraceptive is there for tax? … that’s not any fun!
The hypocrisy of limiting access to contraception and simultaneously denying access to abortion is clear evidence that the debate is not, and has never been, about reducing the number of abortions in the (formerly) United States. If that was the true objective contraception would be promoted along with sex education, and Planned Parenthood would be fully funded. Instead, these are efforts to economically control women.
No surprise here.
All of the regressionists needed, was a court system that would back their agenda!
Barack Obama actually said that elections have consequences back in 2010.
But he also used it as a warning later on. He knew that with the aging supreme court, there would be a lot of appointments. He also knew, being a constitutional lawyer and scholar, that a sea change in the supreme Court would affect Civil Society much more than any legislative branch of government could.
This was something that was talked about at length in blogs back then. And, as I recall, most of the so-called experts didn’t see it that way. I was looking back at some of the discussions, and, talk about lack of foresight, and wearing blinders, and drinking the kool-aid, and actually claiming that the regressionists were no longer relevant, well, how is that working?
The ineptitude on display concerning the so-called progressive movement, is quite astounding. When you can’t get out of your own way, and when you have one or two members blowing up your agenda, what to do?
The provision of Executive Branch declared Martial Law was put in America’s bylaws for a reason! The founding fathers had a contingency plan in case all else failed. Of course, that contingency plan would have to be carried out by an individual who was honest enough to do the right thing.
It almost happened the other way when the regressionists actually implored their leader to declare martial law after the last election. And, you best believe, if that opportunity arises again, they will not act with restraint.
The progressive leader has to beat the regressionists to the punch. Restore the civility, restore integrity to the supreme Court, restore functioning healthcare, restore mental health treatments and facilities that have been dismantled beginning with Ronald Reagan. Reinforcement of the social safety net, livable wages, universal basic income, all these things could be accomplished with one declaration from the progressive leader.
Sure, I guess it could be considered the Doomsday option, but, when you see Society and government sliding over the precipice, do you shrug your shoulders? Or, should you use the nuclear option! As was mentioned earlier, martial law has been declared nine times since World War II. Five of those times was to protect desegregation. So, it’s time to act! If not, this will not be a pleasant country to reside in! And actually, the world order will be completely scrambled.
Elections are great, but in the end, the regressionists have completely outflanked the progressives. Too many states will overturn any unfavorable election results. Yes, those elections have consequences, and, instead of being on watch, everyone was busy breaking their arms patting themselves on the back, lol! The courts will back any regressive action. The window is small, and getting smaller every day. Soon, it will be gone. And again, there will be lamenting about the shortsightedness and why wasn’t something done, while we are all sitting in our re-education camps as they’re doing to the Uighurs in China. And, the relearning centers being put in place in Russia.
We know the regressionists have an appetite for this sort of behavior, because they expressed it loudly and proudly by their book burning and revisionist history onslaught in regressive states.
If your own house is not in order, how can any individual whether political or not look at somebody else’s house and tell them what is wrong with it! Progressives like to see themselves as intellectual, but actually, they are quite dumb. And when you have a couple of Interlopers blowing up any effort to override regressive policies, well, they need to admit they’ve been hornswoggled.
Really, just one option is left! Too bad the only one that seems to have any stones, is Acasio Cortez.
I see the fundamental problem as being the fact that the Constitution does not provide anyone to oversee and force elected and highly appointed officials in all levels of government to uphold their required Oaths of Office. And we are paying them to take away our rights. We are not given the specific right to birth control or abortions or to buy the model vehicle we prefer but Amendments do provide the right to vote which is steadily being eroded by those in Congress and Senate at all levels allow Republicans to suppress that right. The right to marry whomever you choose is also not a specific right in the Constitution but the Preamble to the Constitution expresses those rights with general statements; “…establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the blessings of Liberty to ourselves and our Posterity,…”
Where is “Justice” in our Justice system, what has happened to our “domestic Tranquility”, “provide for the common defense” and promote the “general Welfare” when we cannot safely walk our streets, pray in our churches, shop where we are guaranteed safety and send our children to schools believing they will be safe? Too many times the public safety officers paid to protect us are the ones we need protection from. Abortion is in the spotlight at the forefront today; issue by issue the Republicans are busily working behind the abortion scene on the other rights we are losing, we will learn they are gone after the fact while we are distracted by the current shiny abortion prevention by 5 Republicans sitting in the highest court of the land to remove our rights if the lower courts cannot or will not accomplish it. We cannot drop our guard on all other issues to fight one battle when we are surrounded by the enemy who continues their attacks on all of our freedoms.
“To the Americans who have relied on their right to direct their own lives for the past fifty years–who have pooh-poohed warnings about the Christian Taliban, confident that their right to self-determination was secure–Congress has sent a message. It can happen here.
In fact, it is happening. Right now.”
Todd is here today with his usual negative outlook on everything being done, those who are supporting the action and getting a laugh out of it all. His silly picture with big, dark glasses appropriately shows him to be the blind man his is.
went into a county in texas a few years back,I was able to find a parking area for a truck,(think about that one) older,single mom,pop place, no hubba on the sign. went inside,cool old,plywood and old coolers,lookin to get a beverage for the adult to pass my time in the rickety ol motel i was destin to reside in for a few nights(had truck parking)… lookin around,no one else in there except the proprieter who was about early 20s,minority but a huge smile as she watched the ol guy look around,hell i wasnt in a hurry,picked up some dip and chips,but couldnt find a beer…
walking up to the counter after some small talk across the isles,, she recognized i wasnt a local trumper,or a trumper,passed some one liners about trump,laughing,high fives,then she informed me,this was a dry county,no beer,,,,,sad.
i retorted ,”is there a county nearby thats dry on churches?” laughter sometimes is better when served,dry…
the dems recently submitted bills to protect the working class and everyone else from a court ordered mandate to liberal thinkin people.. the republicans in return bash and counter those rights and bills that cover the changes.obviously the republicans are stepping on their own constituents toes to. but how long before the right wing idiots who vote for this shit see,its encroaching upon thier own turf.. pick the subject apart in their conversation,they shoot from the hip. now make a reality check in conversation. again,what is the end game?ask those right wing authority husslers. demand a answer,put it into the spot light,before november..they are obviously flacking to keep that goal in the background after the damage is done..
John:
Thanks for pointing out AOC. in my upbringing near her burg,back when, if the past presidency if her call out who trump was,and the locals who voted for her,knew who/what he is,didnt ring bells, its because people spend more time on usless items over their own protection of themselves. its called entertainment..(bots,pacs etc)
but that takes money.money also supplied near AOCs burg. its called wall street. it maybe a vast overall view,but it has marked card and a stain left behind it like a slug.
“…keep your eyes on the FED and the printing presses.”
WAPO 7/23/22 reported Cargill purchased nation’s third-largest chicken producer Sanderson Farms for $4.53 billion.
WAPO 7/22/22 reported Amazon purchased One Medical, owner of nationwide primary care facilities, for $3.9 billion.
Economists say purchases by monopolists are being made with funds doled out to insiders from FED printing presses, enabling capture of US markets, with little resistance from antitrust regulators.
Or, all those nay votes were from Repugnicans who feel that the legality of contraception, like abortion and many other issues of privacy, should be up to the states to decide. If you’re concerned about where this is going, read Heather Cox RIchardson’s blog entry today. I won’t repeat it.
But the “laboratory of democracy”, as they like to call them, that serves as the model to be uploaded to our national form of government is right here in Indiana. Having always been a fairly conservative state (with a healthy dose of moderation on social issues), it took only 18 years or so for the INGQP to implement one of the most gerrymandered set of election maps in the country, and consolidate a stranglehold on power in all three branches of our state government. They also control all but a few county councils and boards of commissioners.
Since that time they’ve been able to enact big chunks of their agenda, the only failure being RFRA in 2015, when Gov Pence overreached and the local crony-capitalists rebelled on him. Their agenda of course consists of two things: Cutting taxes, especially on businesses corporations and shifting the burden to workers, and slashing regulations that are considered burdensome to businesses, especially farmers and the construction industry.
The national media, as well as Heather, loves to slather attention to Victor Orban and Turkey and his “illiberal democracy” as the model the GQP is pursuing with zest…more zest I fear that their opponents can muster….we’ll find out in four short months.
But we need look no further than our own back yard in the Hoosier State to see where the US is headed if more people don’t: 1) pay attention 2) give a shit, and 3) act.
https://heathercoxrichardson.substack.com/p/july-23-2022?s=r&utm_campaign=post&utm_medium=web
Yep, Gordon.
The monopolists are the cause of inflation and the supply chain crisis. The semiconductor monopolies who left our shores decades ago and still lost the technology race are seeking billions in government subsidies for R&D and subsidizing higher wages in the USA.
What?
Yes, even Todd Young has signed his name to socialism for monopolies.
Why isn’t the solution worker-owned companies?
Even when the oligarchs screwed everything up, they still use the puppet media and politicians to get their way.
AOC has nada to fear about anything she says or does. She represents a heavily gerrymandered DEM district that gives her a 30+ point advantage over any GOP opponent (and add to that the cold hard fact that 86% of US House incumbents win when they run). List anything substantive that she has “done” to govern…or ease the political divide.
QUESTION: You didn’t mention the zygote/embryo/baby? When does life start? When are the rights of the living assigned to the pre-born?
I ask this because, to me, life is a continuous process. And I don’t know the other side of this argument. Viability? 20% if conceptions result in natural abortions. Where is the line?
I’d love to hear you explore this. Thank you.
Christopher, zygotes/embryos are only potential lives. The ”rights of the living” are assigned to ”pre-born” ONLY when they’re viable. To you, life might be a ”continuous” process but, as an egg is not a chicken and an acorn is not an oak tree…an embryo or a zygote is not a viable human which should be legally protected, ASSUMING it will develop into a healthy infant and that carrying it to term will not damage the mother.
That’s where ”the line” is. And trying to complicate it with theistic thinking only harms mothers.
We are hard pressed to fix quickly what we have allowed to build for 50 years. If we hand the GQP a pass this time, it might be too late!
Jack,
Excellent insight! It’s really mind boggling considering a reality show star if you could call that particular regressive a star, would affect everything as effortlessly as he did. But, that goes to show the ignorance of the population and the desire to live vicariously through others. Even if that reality is not actual reality, but, made up pseudo reality for weak-minded consumption.
“…didn’t push through anything they promised to the working class.” Yes, only, I repeat
only because some overwhelming percent of republican senators voted “NO!”
The party of “small government” is so full of hypocrisy it is amazing that they can breathe!
Amnd, yes, do look at HCR’s posting for today!!!!!!!!
Pam, It used to be only staunch Roman Catholics thought an viable zygote was a human being. Most of the rest of the protestant faiths basically went along the lines of common law and Jewish faith, that it wasn’t a human being until viable outside the womb. I would say the shift we see today and your opinion is more along the line of “theistic thinking “.
All this hot air about human life… The planet’s ability to support human life has been repeatedly calculated at between 3.5 and 4.5 billion humans. In the near future, planet Earth will receive its 8 billionth human. The human population growth has tapered off some, but still adds about 40 million more mouths and oil consumers per year…net. The ultimate problem is, of course, there are too many humans in the first place.
That all said, Rebecca Costa points out, in excruciating detail, that humans have evolved MUCH faster socially than we have biologically. Think about THAT. We’re operating “sophisticated” societies with a cave man brain. Is it any wonder that there are 30+ shooting wars going on around the world? Is it any wonder that nearly 25% of our population is slowly starving to death? Is it any wonder that our human waste – of all types – is choking the planet’s natural ability to cleanse itself?
So, Todd can just go ahead and confuse impeachment with impeachment and CONVICTION, but as long as there are Republicans operated by corporations and banks, our society will continue to crumble. There WILL be anarchy some day soon. With over 400 million KNOWN guns and garages full of ammunition, it’s only a matter of time before the 25% of the armed and unhinged elements of our country finally decide that they need to go and shoot something…anything. Might as well “own the libs” by killing them.
“Government, in other words, has the right–indeed, the obligation–to intervene when our behaviors are harming people who haven’t consented to that harm. ”
For those who believe life begins at conception, they use this to defend their unmovable stance that every abortion ends an actual life (as opposed to the more common belief that this is potential life until ‘viability’, or a common theist belief that life begins at first breath); that evil women and killer abortionists are murdering innocent babies who have no voice.
It’s too bad they don’t carry this belief through to actual instances of harm to actual born people…and that is why *I* don’t buy their b.s.
I’m with JoAnn. We need to ignore the monies being given to monopolists via the Fed because such information makes me sad. I don’t want to have a sad. Can certain individuals please stop posting facts? I’m sure the DNC is looking to break the monopolists at any moment.
As I have long suspected, the Christian Taliban’s problem with LGBTQ+ people, birth control and abortion has nothing to do with love, marriage or the life of the unborn and everything to do with sex. That’s right, the physical act of sexual intercourse. Their thinking is that every sexual encounter (between a MARRIED-ONLY man and woman) should result in having a baby. If you’re single, gay, trans or medically unable to make a baby… just don’t have sex. If they want to put their money where their mouth is, provide complete health care coverage for every pregnancy and every child born through to the start of kindergarten.
And I’m tired of the Democratic party being blamed for, as Todd puts it above:
“What are the Democrats doing in the midst of all of this? They started WW3 and didn’t push through anything they promised to the working class.”
We cheer when the House squeaks through with a piece of legislation, which the majority of Americans want, only to be crushed by the GQP Mob who will stop anything Dems want. And it will get worse if we can’t get rid of them.
As they say, it takes two to tango and the GOP has elected to sit this dance out.
Or quite likely Republicans simply don’t believe the Constitution gives to federal government the power to regulate birth control. I highly doubt there are Republican elected officials. who are opposed to birth control.
Disorder
President Washington himself took command of state militia called into federal service to quell the Whiskey Rebellion, but there were not too many occasions subsequently in which federal troops or state militia called into federal service were required.18 Since World War II, however, the President, by virtue of his own powers and the authority vested in him by Congress,19 has used federal troops on a number of occasions, five of them involving resistance to desegregation decrees in the South.20 In 1957, Governor Faubus employed the Arkansas National Guard to resist court-ordered desegregation in Little Rock, and President Eisenhower dispatched federal soldiers and brought the Guard under federal authority.21 In 1962, President Kennedy dispatched federal troops to Oxford, Mississippi, when federal marshals were unable to control with rioting that broke out upon the admission of an African American student to the University of Mississippi.22 In June and September of 1964, President Johnson sent troops into Alabama to enforce court decrees opening schools to black students.23 And, in 1965, the President used federal troops and federalized local Guardsmen to protect participants in a civil rights march. The President justified his action on the ground that there was a substantial likelihood of domestic violence because state authorities were refusing to protect the marchers.24
Footnotes:
C. Fairman, The Law of Martial Rule 20–22 (1930); A. Dicey, Introduction to the Study of the Law of the Constitution 283, 290 (5th ed. 1923).
Id. at 539–44.
48 U.S. (7 How.) 1 (1849). See also Martin v. Mott, 25 U.S. (12 Wheat.) 19, 32–33 (1827).
48 U.S. (7 How.) at 45.
67 U.S. (2 Bl.) 635 (1863).
Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866).
71 U.S. at 127.
71 U.S. at 139–40. In Ex parte Vallandigham, 68 U.S. (1 Wall.) 243 (1864), the Court had held, while war was still flagrant, that it had no power to review by certiorari the proceedings of a military commission ordered by a general officer of the Army, commanding a military department.
212 U.S. 78 (1909).
212 U.S. at 83–85.
287 U.S. 378 (1932). “The nature of the power also necessarily implies that there is a permitted range of honest judgment as to the measures to be taken in meeting force with force, in suppressing violence and restoring order, for without such liberty to make immediate decision, the power itself would be useless. Such measures, conceived in good faith, in the face of the emergency and directly related to the quelling of the disorder or the prevention of its continuance, fall within the discretion of the Executive in the exercise of his authority to maintain peace.” Id. at 399–400.
287 U.S. at 400–401. This holding has been ignored by states on numerous occasions. E.g., Allen v. Oklahoma City, 175 Okla. 421, 52 P.2d 1054 (1935); Hearon v. Calus, 178 S.C. 381, 183 S.E. 13 (1935); and Joyner v. Browning, 30 F. Supp. 512 (W.D. Tenn. 1939).
31 Stat. 141, 153 (1900).
Duncan v. Kahanamoku, 327 U.S. 304 (1946).
327 U.S. at 324.
327 U.S. at 336.
327 U.S. at 343.
United States Adjutant-General, Federal Aid in Domestic Disturbances 1787–1903, S. Doc. No. 209, 57th Congress, 2d sess. (1903); Pollitt, Presidential Use of Troops to Enforce Federal Laws: A Brief History, 36 N.C. L. Rev. 117 (1958). United States Marshals were also used on approximately 30 occasions. United States Commission on Civil Rights, Law Enforcement: A Report on Equal Protection in the South (Washington: 1965), 155–159.
10 U.S.C. §§ 331–334, 3500, 8500, deriving from laws of 1795, 1 Stat. 424; 1861, 12 Stat. 281; and 1871, 17 Stat. 14.
The other instances were in domestic disturbances at the request of state governors.
Proc. No. 3204, 22 Fed. Reg. 7628 (1957); E.O. 10730, 22 Fed. Reg. 7628. See 41 Ops. Atty. Gen. 313 (1957); see also, Cooper v. Aaron, 358 U.S. 1 (1958); Aaron v. McKinley, 173 F. Supp. 944 (E.D. Ark. 1959), aff’d sub nom Faubus v. Aaron, 361 U.S. 197 (1959); Faubus v. United States, 254 F.2d 797 (8th Cir. 1958), cert. denied, 358 U.S. 829 (1958).
Proc. No. 3497, 27 Fed. Reg. 9681 (1962); E.O. 11053, 27 Fed. Reg. 9693 (1962). See United States v. Barnett, 346 F.2d 99 (5th Cir. 1965).
Proc. 3542, 28 Fed. Reg. 5707 (1963); E.O. 11111, 28 Fed. Reg. 5709 (1963); Proc. No. 3554, 28 Fed. Reg. 9861; E.O. 11118, 28 Fed. Reg. 9863 (1963). See Alabama v. United States, 373 U.S. 545 (1963).
Proc. No. 3645, 30 Fed. Reg. 3739 (1965); E.O. 11207, 30 Fed. Reg. 2743 (1965). See Williams v. Wallace, 240 F. Supp. 100 (M.D. Ala. 1965).
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Oh Paul, you are so mistaken about GOP elected offiials who are opposed to birth control. I lobbied the state legislature for nearly 40 years on other issues, but whenever the subject of birth control came up in our state legislature, a crowd would gather in the halls to watch the voting board where the GOP majority would consistently vote against it.
I’ve never understood why the pro-life lobby was so opposed to birth control if they are so opposed to abortion. I always thought pro-lifers would be first in line to prevent unwanted pregnancies in order to eliminate unwanted abortions. But I was wrong time after time.
Regulating birth control is not the issue – personal liberty is.
People talk about where to draw the line on government intrusion. That is beside the point. Conservatives want to return women to second class status. They want to take the rights we’ve fought so hard for in the last century. Their idea of woman is a a baby factory who keeps her mouth shut and doesn’t compete with men in the market place or the political sphere.
The Handmaid’s Tale is coming true in the USA!
Seditionists/insurrectionists at one time were hung
I am to the point of doing that, now
Let g-d sort ’em out.
And the country moves on to the business for/of the people, all people
John P Sorg, YES!
It seems to me that Vasectomy are also a form of “birth control”…..they are probably now covered by Medical Insurance. Will this operation also be an illegal procedure? I think it still takes two elements to create life. If not could this be support of illegal gender, back to unequal treatment? favortism