What can be said about the anticipated anti-abortion decision from the US Supreme Court that hasn’t been said already? From a civil rights and social justice perspective, the reasoning in Justice Alito’s draft opinion is dangerous. It presages and exemplifies anti-democratic tendencies already present and vigorous on the American right. There are many “rights” that are not mentioned explicitly in the Constitution. Even though Alito’s draft says the decision should not be used as precedent in restricting other rights, the effort is already underway to do so. These include privacy, LGBT rights, the rights of people with disabilities, and the education of non-citizen children in public schools. And of course, the rights of women, educational rights, and the right to housing, to eat, and to live in a clean environment.

Although we hear about it relatively little, the Equal Rights Amendment has never been added to the Constitution. However, there are many laws from Congress on protecting women, people with disabilities, and the environment. Women’s health advocates want Congress to pass similar laws protecting abortion. This is unlikely to occur, with the close division between the parties in the Senate, and the likely loss of Democratic House seats in the mid-term election. In addition, the Supreme Court can overturn acts of Congress if they believe the laws are not rooted in the Constitution. 

Continue reading Anti-abortion and the Descent into Fascism – by Marc Brenman →