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      ‘A mockery of democracy’: US supreme court in question after abortion ruling

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      ‘A mockery of democracy’: US supreme court in question after abortion ruling In abruptly scrapping the constitutional right to terminate a pregnancy the court went against the popular will – only 25% of Americans now have confidence in the institutionStriding from the US supreme court to the nearby US Capitol, holding aloft a sign that said “My body my choice” and “Women’s right to choose”, Taylor Treacy was struggling to fathom how she had fewer constitutional rights now than when she awoke that morning.“It’s heartbreaking,” said the 28-year-old, who works in sports marketing. “The people who have legally gotten abortions in the United States are mostly Black and brown women, yet the five justices able to have the final word were four powerful men and one white woman. We’re allowing more access to guns yet we’re taking away the rights of women. It just seems like we’re going backwards.”Americans take to streets across US to protest for abortion rights – in picturesRead moreMillions of women had just lost access to abortion on Friday after America’s highest court overturned a near-50-year-old ruling and other precedents enshrining that right. The conservative justice Samuel Alito wrote in the court’s majority opinion that Roe v Wade was “egregiously wrong and deeply damaging”, and that states should decide whether to limit or criminalise the procedure.02:03The court’s liberal minority responded: “With sorrow – for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection – we dissent.” The ruling is expected to lead to abortion bans in roughly half the states, although the timing of those laws taking effect varies.The decision, though widely expected a draft opinion leaked last month, was nevertheless a stunning aftershock of Donald Trump’s presidency and sure to enflame America’s divisions. It also cemented the supreme court’s emergence an alternative centre of power that threatens to rupture the delicate governing balance of executive, legislature and judiciary.Just 24 hours earlier, the justices had struck down New York state’s limits on carrying concealed handguns in public, potentially opening the way to fresh legal challenges to other state-level gun laws despite recent mass shootings in California, New York and Texas. It was a triumph for the gun lobby and a blow to Joe Biden’s efforts to curb violence.Simon Schama, a leading historian, tweeted on Friday: “American democracy is in deep trouble. It can’t survive in its present form if the constitution is manipulated to impose minority rule.”The back-to-back decisions were the fruit of a long campaign by conservatives to shift the judiciary to the right, powered by influential groups such as the Federalist Society and the Heritage Foundation. The Republican presidents George HW Bush and George W Bush appointed Clarence Thomas, John Roberts (now chief justice) and Alito to the supreme court.A democratic deficit opened when Senate Republicans blocked Barack Obama’s last nominee for the court, Merrick Garland, on the spurious grounds that it was an election year. Then Trump, a one-term president who had lost the national popular vote by 3m, appointed three justices: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. It has proven his most significant legacy.The court struck down Roe v Wade against the wishes of a Democratic president, Democratic-controlled Congress and the citizenry. The majority of Americans (61%) believed that Roe should remain the law of the land, and only 36% supported overturning it, according to the Public Religion Research Institute thinktank. Even most religious Americans wanted to see Roe upheld.Edward Fallone, an associate professor at Marquette University Law School in Milwaukee, Wisconsin, said: “I’m afraid it’s extremely undemocratic. You now have the least democratic branch of the federal government on an ideological agenda to roll back liberties that are extremely popular with the general public in America.“It is a recipe for potential unrest, certainly demonstrations and political turmoil, as they seem intent on a course of action that will run counter to the will of the public.”The surge of judicial activism has knocked both the White House and Congress back on their heels. In Washington abortion rights protesters crowded outside the fenced-off supreme court on Friday, opposite the gleaming dome of the US Capitol, where their elected representatives vented frustration at the demise of Roe but were powerless to intervene.Two miles away at the White House, even the president seemed politically impotent. A solemn group of female staff, including domestic policy adviser Susan Rice and press secretary Karine Jean-Pierre, gathered beneath a staircase in the cross-hall to watch Biden deliver a response. Portraits of Bill Clinton and George W Bush, presidents in an era when Roe seemed sacrosanct, looked on from opposing walls.Calling it “a sad day for the court and the country”, Biden said: “It was three justices named by one president – Donald Trump – who were the core of today’s decision to upend the scales of justice and eliminate a fundamental right for women in this country.“Make no mistake: this decision is the culmination of a deliberate effort over decades to upset the balance of our law. It’s a realisation of an extreme ideology and a tragic error by the supreme court, in my view.”He added: “With this decision, the conservative majority of the supreme court shows how extreme it is, how far removed they are from the majority of this country. They have made the United States an outlier among developed nations in the world.”The president admitted that he cannot take executive action to secure a woman’s right to choose. The only hope is for Congress to restore the protections of Roe v Wade as federal law, which in turns depends on Democrats winning the midterm elections. “This fall, Roe is on the ballot,” he said. “Personal freedoms are on the ballot.”Others argue that there is another solution to offset minority rule: expanding the supreme court beyond its current total of nine justices. The pressure group Demand Justice pointed to this week’s rulings on guns and abortion as proof that reform is needed.Christopher Kang, its co-founder and chief counsel, said: “This is part of the decades-long Republican agenda to accomplish through the supreme court what they cannot through the democratically elected branches of Congress. We’ve seen in the last couple of days decisions making it harder for lawmakers to combat gun violence in the wake of some of the worst mass shootings in our country’s history. We’ve seen, now, overturning the right to an abortion.“These are things that are supported by 70 to 80% of the American people and I think we’ll see it again next week in a big case concerning whether or not the Environmental Protection Agency has the authority to take action to fight climate change, another thing supported by 70 to 80% of the American people. This is a further example of what Republicans are doing through our unaccountable courts that they couldn’t do through Congress or the White House.”Americans’ faith in the supreme court has dropped to a historic low, with only 25% saying saying have “a great deal” or “quite a lot” of confidence in it, down from 36% a year ago, according to a Gallup poll. Kang believes that rebuilding trust is crucial to the health of America’s increasingly fragile democracy.“Today’s ruling shows that the supreme court is the problem and so any solution has to address the supreme court,” he added. “There are other things that the president can do or Congress, with greater majorities, could do but fundamentally we have to fix the court if we have any hope of addressing these problems.”The calls take on even greater urgency because of what might be to come. Thomas wrote in a concurring opinion on Friday that the supreme court should reconsider other legal precedents protecting same-sex relationships, marriage equality and access to contraception. Biden warned: “This is an extreme and dangerous path this court is taking us on.”Cristina Tzintzún Ramirez, president of NextGen America, an organisation that works to engage young voters, said: “It is the takeover of an extreme rightwing minority that seeks to roll back the gains for the LGBTQ community, for women, for people of colour.“This isn’t the end, this is the opening salvo, and they made that clear in their decision. You had Clarence Thomas state they are going to take a look at how they can change the fundamental rights that the LGBTQ community has recently won in this country.”Ramirez added: “We didn’t defeat fascism in 2020; we beat it back. But to kill fascism in this country is going to require a lot more than one election cycle.”Map of state by state abortion restrictions in USFriday’s decision is set to create a patchwork of laws from state to state. Twenty-six are certain or likely to immediately ban abortion, according to the Guttmacher Institute thinktank. In Alabama, the state’s three abortion clinics stopped performing the procedure for fear providers would now be prosecuted under a law dating to 1951; women in the waiting room on Friday morning were suddenly turned away. Democratic state governors, however, promised to strengthen protections.Back at the supreme court, the sun was shining but the mood was one of sombre defiance as hundreds of people waved placards, chanted slogans such as “the supreme court is illegitimate” and contemplated a leap into the unknown after half a century.At 43, Tracy Tolk, a climate change and energy policy advocate, had known nothing but Roe her entire life. “I’m absolutely devastated,” she said. “I thought it would hurt less because we had a preview but it hurt more than I expected. It’s gut-wrenching. People marched on the Capitol for less than this.”Virginia Shadron, 71, a retired academic administrator from Stone Mountain, Georgia, was wearing a badge with the face of late liberal justice Ruth Bader Ginsburg, whose death in 2020 allowed Trump to rush through the appointment of Barrett even with a presidential election already under way.She said: “Millions of women will die. It sets back women and it’s only the beginning. It’s the beginning of the end of many things, as Clarence Thomas said. Next, they’ll take on contraception. Reasonable people can feel strongly and differently about abortion. I’m glad for myself, I never had to make the choice, but if I had needed to, I would have wanted a safe, legal procedure.”There was sadness in the eyes of Maureen John, 67, who warned that the decision to overturn Roe would lead to an increase in illegal and unsafe abortions. “I’m a nurse and I’ve seen many unnecessary deaths because of the abortions done illegally,” she said.John was born in Guyana, moved to the US in 1976 and lives in Atlanta, Georgia. “I’m from the Caribbean and I came here and I became an American citizen because of democracy which wasn’t available in my country at that time. I loved it. I love being American and now I’m being disappointed at what’s happening.”“They’re making a mockery of democracy.” TopicsUS supreme courtThe ObserverRoe v WadeUS politicsfeaturesReuse this content More

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      With the end of Roe, the US edges closer and closer to civil war | Stephen Marche

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      With the end of Roe, the US edges closer and closer to civil warStephen MarcheThe question is no longer whether there will be a civil conflict in America. The question is how the sides will divide, and who will prevail The cracks in the foundations of the United States are widening, rapidly and on several fronts. The overturning of Roe v Wade has provoked a legitimacy crisis no matter what your politics.For the right, the leaking of the draft memo last month revealed the breakdown of bipartisanship and common purpose within the institution. For the left, it demonstrated the will of dubiously selected Republican justices to overturn established rights that have somewhere near 70% to 80% political support.Accelerating political violence, like the attack in Buffalo, increasingly blurs the line between the mainstream political conservative movement and outright murderous insanity. The question is no longer whether there will be a civil conflict in the United States. The question is how the sides will divide, what their strengths and weaknesses are, and how those strengths and weaknesses will determine the outcome.The right wing has been imagining a civil war, publicly, since at least the Obama administration. Back in 2016, when it looked like Hillary Clinton would win the election, then Kentucky governor Matt Bevin described the possibility in apocalyptic terms: “The roots of the tree of liberty are watered by what? The blood. Of who? The tyrants, to be sure. But who else? The patriots. Whose blood will be shed? It may be that of those in this room. It might be that of our children and grandchildren,” he told supporters at the Values Voter Summit.The possibility of civil war has long been a mainstay of rightwing talk radio. Needless to say, when the right conjures these fantasies of cleansing violence, they tend to fantasize their own victory. Steve King, while still a congressman from Iowa, tweeted an image of red and blue America at war, with the line: “Folks keep talking about another civil war. One side has about 8tn bullets, while the other side doesn’t know which bathroom to use.”Any time anyone acts on their violent rhetoric, the rightwing politicians and media elites are appalled that anyone would connect what they say to what others do. “We need to understand we’re under attack, and we need to understand this is 21st-century warfare and get on a war footing,” Alex Jones said in the lead-up to the Capitol riot.According to a New York Times series, Tucker Carlson has articulated the theory of white replacement more than 400 times on his show. Calls to violence are normal in rightwing media. Calls to resist white replacement are normal in rightwing media. The inevitable result is the violent promotion of resistance to white replacement. Republican politicians like Arizona state senator Wendy Rogers and New York congresswoman Elise Stefanik are outraged when their one plus one turns out to equal two, but their outrage is increasingly unbelievable, even to themselves. America is witnessing a technique used in political struggles all over the world. Movements devoted to the overthrow of elected governments tend to divide into armed and political wings, which gives multiple avenues to approach their goals as well as the cover of plausible deniability for their violence.The leftwing American political class, incredibly, continues to cling to its defunct institutional ideals. Democrats under Biden have wasted the past two years on fictions of bipartisanship and forlorn hopes of some kind of restoration of American trust. When violence like Buffalo hits, they can do little more than plead with the other side to reconsider the horror they’re unleashing, and offer obvious lectures about the poison of white supremacy. Since January 6 didn’t wake them up to exactly what they’re facing, it’s unclear what might ever wake them up. The left has not made the psychological adjustment to a conflict situation yet. But it won’t be able to maintain the fantasy of normalcy for much longer.The conflict, which on the surface seems so unequal, with an emboldened and violent right against a demoralized and disorganized left, is not as one-sided as it looks at first. It is unequal but it is also highly asymmetrical. The right has the weaponry and an electoral system weighted overwhelmingly in its favor. The left has money and tech.Steve King was, in a sense, absolutely correct about the armed status of the two sides. Half of Republicans own a gun, compared with 21% of Democrats. But that gap, though wide, is closing. In 2020, 40% of gun buyers were new buyers. There was a 58% rise in gun sales to African Americans in 2020 over 2019. In 2021, women were nearly half of new gun buyers, an astonishing statistic. The real structural advantage the right possesses is not military but electoral. By 2040, 30% of the country will control 70% of the Senate. The institutions of the US government distinctly favor those who want to destroy it. Every Democrat who fights to end the filibuster is fighting for their own future irrelevance, or rather for the acceleration of their own irrelevance.Two essential facts of the 2020 election should give leftwing partisans hope, however. Biden-voting counties amounted to 70% of GDP, while 60% of college-educated voters chose Biden. That is to say, the left-democratic wing of America is the productive and educated part of the country. One way of looking at the American political condition of the moment is that the leftwing part of the US has built the networks that have left behind the rightwing part. The networks are the left’s strength.The struggle over abortion has already revealed how the divide plays out. Anti-abortion factions control the pseudo-legitimate court system and the poorer states in the Union. Pro-choice factions have responded, first of all, with their superior financial resources. Oregon started the Oregon Reproductive Equity Fund with $15m. New York is establishing a fund to make the state a “safe haven”. California governor Gavin Newsom plans to add $57m to the state budget to deal with out-of-state patients.At the same time, pro-choice organizers are turning to technology. The Atlantic recently reported on networks using “encrypted, open-source Zoom alternatives” to provide women with support for their procedures. Already, anonymous web access to self-managed abortions is available, just as it has been for many years in some restrictive jurisdictions.This divide isn’t just American. As the forces of the world split between a liberal-democratic elite and authoritarian populists, the same asymmetry can be seen in the struggle everywhere. In Canada, the convoy that held the city of Ottawa hostage was defeated, in the end, not by force, but by money and technology. Other countries responded to similar convoys with direct assaults – the French teargassed their convoy immediately and the United States called in the national guard before they had even left for Washington. But in Canada, the government, not wanting to have the blood of children on its hands, weakened the convoy’s financial networks by simply turning off their fundraising accounts. A small band of anonymous hackers also tormented the convoy organizers by disrupting their communication lines. They infiltrated their Zello channels, blaring the hardcore gay pornography country anthem Ram Ranch. The “Ram Ranch Resistance” almost single-handedly undid the protests at the Ambassador Bridge in Windsor. This same divide has played out on an international level, in the struggle between Russia and Ukraine. Russia, overwhelmed by resentment because it cannot meaningfully compete in an integrated 21st-century economy, has devolved into a conservative authoritarianism with no other outlet than violence. But Ukraine had better access to the global financial and media networks. The reaction, from the forces of the democratic west, has been to cut Russia off from financial systems and to provide Ukraine with superior technology. Technology and financial networks have proven the match, at the very least, of brute force.Incipient civil conflict in the United States won’t be formal armies struggling for territory. The techniques of both sides are clarifying. Republican officials will use the supreme court, or whatever other political institutions they control, to push their agenda no matter how unpopular with the American people. Meanwhile, their calls for violence, while never direct, create a climate of rage that solidifies into regular physical assaults on their enemies. The technical term for this process is stochastic terrorism; the attack in Buffalo is a textbook example.The leftwing resistance is more nascent but is also taking shape: if you’re rich and you want to stay living in a democracy, the time has come to pony up. If you’re an engineer, the time has come to organize. The conclusion is not at all determined. Neither side has an absolute advantage. Neither side can win easily. But one fact is clear. The battle has been joined, and it will be fought everywhere.
      Stephen Marche is the author, most recently, of The Next Civil War: Dispatches from the American Future
      TopicsUS politicsOpinionThe far rightUS supreme courtRoe v WadeAbortioncommentReuse this content More

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      Record number of LGBTQ+ candidates run for US Congress in wake of attacks

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      Record number of LGBTQ+ candidates run for US Congress in wake of attacksAt least 101 members stood for elections in 2022 as threats of violence and suspension of rights loom for the community The supreme court’s landmark abortion ruling immediately wiped away abortion rights for millions of Americans, but tucked away in Clarence Thomas’s concurring opinion on the case was another threat: to the rights of LGBTQ+ people across the US.In his opinion, written to accompany the Roe v Wade decision, Thomas, part of the controlling cabal of rightwing justices, suggested that the court should “reconsider” the right to same-sex relationships and same-sex marriage, which was legalized nationwide in 2015.Republican-run US states move to immediately ban abortion after court overturns Roe v WadeRead moreBut in the face of fears that the court will now lead a charge against LGBTQ+ rights – and growing far-right violence against LGBTQ+ targets – a record number of LGBTQ+ candidates are running for US Congress in 2022.At least 101 LGBTQ+ people ran for US Congress in 2022, according to LGBTQ Victory Fund, a national organization dedicated to electing openly LGBTQ+ people to all levels of government.Some 57 candidates are still in their races, with advocates hoping greater representation could bring tangible change in Washington, after a year when gay and trans people have been increasingly persecuted by rightwing politicians in the US.Jamie McLeod-Skinner is one of the LGBTQ+ candidates hoping to make a difference in the US House of Representatives. A former mayor, McLeod-Skinner defeated Kurt Schrader, a moderate Democrat who has spent 12 years in the House as congressman, in Oregon’s primary and will face Republican Lori Chavez-DeRemer in the November midterm elections.If she can win, McLeod-Skinner would be the first out LGBTQ+ person ever elected to Congress from Oregon.Becca Balint is seeking to break two barriers in Vermont. If she wins the Democratic primary in August, then defeats her opponent in November, she would be the first woman and the first LGBTQ+ person ever elected to Congress from Vermont – which is the only US state to have never sent a woman to Congress.“When I first was sworn in as state senator [in 2015] I served alongside people who voted against my right to marry my spouse,” Balint told the Valley Reporter this week.“I still had to sit down and do budgeting with them, and pass laws because that’s what my constituents sent me there to do. I didn’t let that get in the way of doing the work. I will honestly work with anyone.”Balint, a former leader of the Vermont senate, supports universal healthcare and says she would push for the passage of the Equality Act, which would place a federal ban on discrimination based on sexual orientation or gender identity in public spaces and federal programs.Robert Garcia, who is running in California, would also break new ground: as the first openly gay immigrant elected to Congress. Garcia, who was born in Peru, won the Democratic primary in June, and has a strong chance of being elected in November.The wave of LGBTQ+ candidates comes as Republicans have pushed, and passed, bills targeting gay and transgender people.Those who support equal rights for LGBTQ+ people will have their work cut out if Republicans do aim their fire at same-sex marriage.Despite 71% of Americans supporting same-sex marriage, it is clear that plenty of Republicans do not think the same. This week Texas Republicans unveiled their 2022 party platform, which defines homosexuality as an “abnormal lifestyle choice” and says the party would “oppose all efforts to validate transgender identity”.It’s a Republican campaign that has amounted to an alarming rise in anti-trans and anti-gay speech over the past year, with three hate-filled incidents occurring just over the past weekend.In March Ron DeSantis, the Florida governor who is considered a frontrunner for the Republican party’s presidential nomination in 2024, signed a controversial “don’t say gay” bill that prevents teachers from discussing sexual orientation or gender identity in public schools. This month DeSantis moved to ban transition care for transgender youth, and this week suggested he may order Florida’s child protective services to investigate parents who take their children to drag shows.Other politicians and rightwing media figures have spread lies and misinformation about gay and trans people attempting to groom schoolchildren.In this climate, the supreme court’s suggestion that the Obergefell case, which enshrined the right to same-sex marriage, be revisited, has advocates for equal rights on edge.“Forcing people to carry pregnancies against their will is just the beginning,” the ACLU said in a statement on Friday.“The same politicians seeking to control the bodies of women and pregnant people will stop at nothing to challenge our right to use birth control, the right to marry whom you love, and even the right to vote. No right or liberty is secure in the face of a supreme court that would reverse Roe.”By electing more LGBTQ+ candidates, Victory Fund hopes to thwart those efforts.Jasmine Beach-Ferrara, won the Democratic primary for North Carolina’s 11th district earlier this year, and would be the first out LGBTQ+ person elected to any federal position from the state.“I can’t stop thinking about how so many of us have relied on the courts to protect our constitutional rights, and how those rights are under threat,” she said after the supreme court decision on Friday.“We cannot go backwards. Every race on the ballot matters more than ever now.”Heather Mizeur, who faces a Democratic primary in July, would become the first out LGBTQ+ member of Congress from Maryland if she is elected to the House.These candidates, if successful, would join nine openly LGBTQ+ members of the House and two senators, all of whom are Democrats, and could bolster gay and trans rights at a time when they are under severe threat.“The 11 LGBTQ+ members of Congress currently serving punch way above their weight and have delivered meaningful results for our community time and time again, despite being woefully outnumbered,” said Albert Fujii, a spokesperson for the LGBTQ Victory Fund.“But with a supreme court hellbent on choosing politics over precedent, our congressional champions desperately need backup to ensure our fundamental human rights are not rolled back to a time when bigotry was the law of the land.“Gaining equitable representation in Congress would not only increase our political power and increase the odds our rights are finally codified into federal law, it would send a crystal-clear message that anti-LGBTQ vitriol will not prevail.”TopicsRoe v WadeUS supreme courtClarence ThomasLGBT rightsUS politicsDemocratsRepublicansfeaturesReuse this content More

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      Megan Rapinoe: US supreme court ruling on abortion is 'sad and cruel' – video

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      US women’s national team forward Megan Rapinoe described the supreme court ruling overturning Roe v. Wade as “sad and cruel”. The Supreme Court has ruled there is no constitutional right to abortion in the United States, upending the landmark Roe v Wade case from nearly 50 years ago. 
      ‘It will completely exacerbate so many of the existing inequalities that we have in our country. It doesn’t keep not one single person safer,’ she said

      US supreme court overturns abortion rights, upending Roe v Wade
      ‘It’s important to fight’: US cities erupt in protest as Roe v Wade falls
      The supreme court just overturned Roe v Wade – what happens next? More

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      'Sad and cruel': Megan Rapinoe holds back tears as she speaks on Roe v Wade ruling – video

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      US women’s national team forward Megan Rapinoe described the supreme court ruling overturning Roe v. Wade as “sad and cruel”. The Supreme Court has ruled there is no constitutional right to abortion in the United States, upending the landmark Roe v Wade case from nearly 50 years ago. 
      ‘It will completely exacerbate so many of the existing inequalities that we have in our country. It doesn’t keep not one single person safer,’ she said

      US supreme court overturns abortion rights, upending Roe v Wade
      ‘It’s important to fight’: US cities erupt in protest as Roe v Wade falls
      The supreme court just overturned Roe v Wade – what happens next? More

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      How the Christian right took over the judiciary and changed America

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      How the Christian right took over the judiciary and changed America Leaders of the movement understood very well that if you can capture the courts, you can change societyThe supreme court decision in Dobbs v Jackson Women’s Health Organization, which reverses the constitutional abortion rights that American women have enjoyed over the past 50 years, has come as a surprise to many voters. A majority, after all, support reproductive rights and regard their abolition as regressive and barbaric.Understood in the context of the movement that created the supreme court in its current incarnation, however, there is nothing surprising about it. In fact, it marks the beginning rather than the endpoint of the agenda this movement has in mind.At the core of the Dobbs decision lies the conviction that the power of government can and should be used to impose a certain moral and religious vision – a supposedly biblical and regressive understanding of the Christian religion – on the population at large.How did this conviction come to have such influence in the courts, given America’s longstanding principle of church-state separation? To understand why this is happening now, it’s important to know something about the Christian nationalist movement’s history, how its leaders chose the issue of abortion as a means of creating single-issue voters, and how they united conservatives across denominational barriers by, in effect, inventing a new form of intensely political religion.Christian nationalists often claim their movement got its start as a grassroots reaction to Roe v Wade in 1973. But the movement actually gelled several years later with a crucial assist from a group calling itself the “New Right”.Paul Weyrich, Howard Phillips, Phyllis Schlafly and other leaders of this movement were dissatisfied with the direction of the Republican party and the culture at large. “We are radicals who want to change the existing power structure. We are not conservatives in the sense that conservative means accepting the status quo,” Paul Weyrich said. “We want change – we are the forces of change.”They were angry at liberals, who they believed threatened to undermine national security with their softness on communism. They were angry at establishment conservatives – the “Rockefeller Republicans” – for siding with the liberals; they were angry about the rising tide of feminism, which they saw as a menace to the social order, and about the civil rights movement and the danger it posed to segregation. One thing that they were not particularly angry about, at least initially, was the matter of abortion rights.New Right leaders formed common cause with a handful of conservative Catholics, including George Weigel and Richard John Neuhaus, who shared their concerns, and drew in powerful conservative preachers such as Jerry Falwell and Bob Jones Sr. They were determined to ignite a hyper-conservative counter-revolution. All they needed now was an issue that could be used to unify its disparate elements and draw in the rank and file.Among their core concerns was the fear that the supreme court might end tax exemptions for segregated Christian schools. Jerry Falwell and many of his fellow southern, white, conservative pastors were closely involved with segregated schools and universities – Jones went so far as to call segregation “God’s established order” and referred to desegregationists as “Satanic propagandists” who were “leading colored Christians astray”. As far as these pastors were concerned, they had the right not just to separate people on the basis of race but to also receive federal money for the purpose.They knew, however, that “Stop the tax on segregation!” wasn’t going to be an effective rallying cry for their new movement. As the historian and author Randall Balmer wrote, “It wasn’t until 1979 – a full six years after Roe – that evangelical leaders, at the behest of conservative activist Paul Weyrich, seized on abortion not for moral reasons, but as a rallying-cry to deny President Jimmy Carter a second term. Why? Because the anti-abortion crusade was more palatable than the religious right’s real motive: protecting segregated schools.”In many respects abortion was an unlikely choice, because when the Roe v Wade decision was issued, most Protestant Republicans supported it. The Southern Baptist Convention passed resolutions in 1971 and 1974 expressing support for the liberalization of abortion law, and an editorial in their wire service hailed the passage of Roe v Wade, declaring that “religious liberty, human equality and justice are advanced by the Supreme Court abortion decision.” As governor of California, Ronald Reagan passed the most liberal abortion law in the country in 1967. Conservative icon Barry Goldwater supported abortion law liberalization too, at least early in his career, and his wife Peggy was a cofounder of Planned Parenthood in Arizona.Yet abortion turned out to be the critical unifying issue for two fundamentally political reasons. First, it brought together conservative Catholics who supplied much of the intellectual leadership of the movement with conservative Protestants and evangelicals. Second, by tying abortion to the perceived social ills of the age – the sexual revolution, the civil rights movement, and women’s liberation – the issue became a focal point for the anxieties about social change welling up from the base.Over time, pro-choice voices were purged from the Republican party. In her 2016 book, How the Republican Party Became Pro-Life, Phyllis Schlafly details the considerable effort it took, over several decades, to force the Republican party to change its views on the issue. What her book and the history shows is that the “pro-life religion” that we see today, which cuts across denominational boundaries on the political right, is a modern creation.In recent decades, the religious right has invested many hundreds of millions of dollars developing a complex and coordinated infrastructure, whose features include rightwing policy groups, networking organizations, data initiatives and media. A critical component of this infrastructure is its sophisticated legal sphere.Movement leaders understood very well that if you can capture the courts, you can change society. Leading organizations include the Alliance Defending Freedom, which is involved in many of the recent cases intended to degrade the principle of church-state separation; First Liberty; Becket, formerly known as the Becket Fund for Religious Liberty; and the Federalist Society, a networking and support organization for rightwing jurists and their allies whose leader, Leonard Leo, has directed hundreds of millions of dollars to a network of affiliated organizations. This infrastructure has created a pipeline to funnel ideologues to important judicial positions at the national and federal level. Nearly 90% of Trump’s appellate court nominees were or are Federalist Society members, according to Senator Sheldon Whitehouse, and all six conservative justices on the supreme court are current or former members.The rightwing legal movement has spent several decades establishing a new regime in which “religious liberty” is reframed as an exemption from the law, one enjoyed by a certain preferred category of religion. LGBT advocacy groups are concerned that the supreme court’s willingness, in the next session, to hear the case of a Colorado website designer who wishes to refuse services to same-sex couples is a critical step to overturning a broad range of anti-discrimination laws that protect LGBT Americans along with women, members of religious minority groups and others.The legal powerhouses of the Christian right have also recognized that their efforts can be turned into a gravy train of public money. That is one of the reasons a recent supreme court decision, which ruled Maine must fund religious schools as part of a state tuition program, was predicted by observers of this movement. This decision forces the state to fund religious schools no matter how discriminatory their practices and sectarian their teachings. “This court continues to dismantle the wall of separation between church and state,” Justice Sonia Sotomayor wrote in her dissent.This supreme court has already made clear how swiftly our Christian nationalist judiciary will change the law to suit this vision of a society ruled by a reactionary elite, a society with a preferred religion and a prescribed code of sexual behavior, all backed by the coercive power of the state. The idea that they will stop with overturning Roe v Wade is a delusion.TopicsAbortionRoe v WadeUS supreme courtLaw (US)US politicsReligionChristianityfeaturesReuse this content More

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      ‘We will fight like hell’: US western states band together to protect abortion rights

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      ‘We will fight like hell’: US western states band together to protect abortion rightsCalifornia, Oregon and Washington pledged to defend access and protect those seeking care as the US came to grips with losing Roe v Wade Democratic state governors of California, Oregon and Washington issued a new commitment to enshrine abortion rights across the west coast on Friday, as the US grappled with the supreme court’s ruling removing the federal right to abortion. Calling their states a “a safe haven for all people seeking abortions and other reproductive health care services”, California governor Gavin Newsom, Oregon governor Kate Brown, and Washington governor Jay Inslee pledged to defend access to reproductive healthcare and protect those who cross their borders from other states seeking care.They vowed to hamper out-of-state investigations or efforts to target those who receive services in their states, including barring local law enforcement from cooperating with outside agencies.‘Abortion returns to the states’: US attorneys general react to Roe v Wade rulingRead more“California has banded together with Oregon and Washington to stand up for women, and to protect access to reproductive health care,” Newsom said in a statement. “We will not sit on the sidelines and allow patients who seek reproductive care in our states or the doctors that provide that care to be intimidated with criminal prosecution. We refuse to go back and we will fight like hell to protect our rights and our values.”The supreme court decision on Friday to overturn Roe v Wade, the landmark decision that had protected reproductive rights in the US for nearly 5 decades, paves the way for a slew of states that intend to roll back abortion rights. At least 26 states are expected to ban abortion immediately or as soon as is practical after the decision, affecting 40 million people. Those who are less affluent, the young, Black and brown people, and those with children already are likely to bear the brunt of those rollbacks.But even in the liberal states where leaders have consistently voiced strong commitments to reproductive rights and rebuked the Republican-led states that led the charge to dismantle them, key challenges to abortion access – and battlegrounds – remain.“The threat to patient access and privacy has never been more dangerous,” said Inslee, the Washington governor, noting that even as his state continues to uphold abortion rights, Republicans in the state have introduced at least four dozen billsover the last six years aimed at rolling them back. “The right of choice should not depend on which party holds the majority, but that’s where we find ourselves,” Inslee added.Even in California, where abortion access is backed by statute and where legislators are working to enshrine reproductive freedoms into the state’s constitution, some residents still face significant barriers to get care. So-called “access deserts” cover large swaths of the state, especially in more conservative and rural areas including the central valley and in the far north. In 40% of California counties there isn’t a single clinic that provides abortions. As the state positions itself as a sanctuary for others, some advocates are concerned that residents may struggle to find the care they need.“As more and more people come in from out of state seeking abortions, it’s going to put more pressure on a system that’s already strained,” said Laura Jiménez, the executive director of California Latinas for Reproductive Justice.Already, some California residents have to travel hours across their county lines in order to receive care.High costs have also hampered access. Even without transportation expenses, an abortion can run hundreds of dollars for those without insurance. Many, especially those with complicated cases or who are farther along in their pregnancies, aren’t able to afford the costs or coordinate travel quickly. Language barriers and misinformation have only complicated the issues, spurring fear of criminalization and deportation that stops immigrants without legal status from seeking the care they need.Still, important investments have been made in the three states to shore up their pledges, including a $125m reproductive health package proposed by Newsom in California to expand access. Oregon’s Reproductive Health Equity Act offers free reproductive healthcare to some Oregonians and a new bill signed by Inslee this year protects professionals in the state who provide abortions from out-of-state prosecution. Advocates say there’s still a lot more work to be done.Abortion deserts: America’s new geography of access to care – mappedRead moreReproductive rights are expected to be a key issue in future elections in these states and across the country. Already, Democratic lawmakers have used the supreme court’s decision to fundraise, signifying the fight that lays ahead. Public opinion is on their side – roughly 85% of Americans support abortion access. But for now, the states along the west coast will continue to offer care and position themselves as a go-to destination.“Abortion is health care, and no matter who you are or where you come from, Oregon doesn’t turn away anyone seeking health care,” said Brown of Oregon, “For all the Americans today feeling scared, angry and disappointed – for everyone who needs an abortion and does not know where they can access safe reproductive health care: please know you are not alone, and the fight is not over.”TopicsAbortionRoe v WadeCaliforniaOregonWashington stateUS politicsUS supreme courtnewsReuse this content More

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      ‘Abortion returns to the states’: US attorneys general react to Roe v Wade ruling

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      ‘Abortion returns to the states’: US attorneys general react to Roe v Wade rulingThose in more progressive states assured people that abortion is still legal while Republicans framed it as a celebratory occasion The US supreme court has ruled that the constitution does not protect the right to an abortion, opening the door for states to ban or severely restrict abortion access. In several states, abortion becomes immediately illegal, while other states have already taken steps to ban abortion.The people who will enforce these anti-abortion laws are attorneys general, the top legal authority for each state. Within hours of the supreme court overturning the landmark 1973 Roe v Wade decision, nearly every state’s attorney general released a statement.In more progressive states, attorneys general assured people that abortion is still legal in their state – for those living there and those who don’t. New York attorney general Leticia James said, “Regardless of the situation at the national level, New York will always be a safe haven for anyone seeking an abortion.”Biden condemns US supreme court’s ‘tragic error’ of overturning Roe v WadeRead moreMeanwhile, several Republican attorneys general framed the decisions as a historic and celebratory occasion. “None of us thought today would come in our lifetimes,” said Arkansas attorney general Leslie Rutledge. Alabama’s Steve Marshall said, “Today is a truly historic day.” Kentucky’s Daniel Cameron said, “We are entering a new era. No longer will unelected judges make abortion policy for the commonwealth.”Ken Paxton, Texas’ attorney general, made clear the ramifications: “Today, the question of abortion returns to the states. And in Texas, that question has already been answered: abortion is illegal here.”Louisiana state attorney general Jeff Landry further stoked anxieties that the US is hurtling toward a theocracy: “This is the day the Lord has made; let us rejoice in it and be glad. Today, along with millions across Louisiana and America, I rejoice with my departed Mom and the unborn children with her in Heaven!”Below is an excerpt of the response from every state attorney general, either on their official website, via Twitter or in a public statement. Some attorney generals had not released a public statement as of Friday 5.30pm ET.TopicsUS supreme courtAbortionLaw (US)Roe v WadeUS politicsnewsReuse this content More