Roe v. Wade Was a Conservative Decision

Abortion Economics Philosophy Politics Religion Trumpismo

The current version of this historical post is here.

The Republicans are poised to reverse Roe v. Wade! How can you be so cavalier about this?”

A question I posed to myself in 2006

My response in 2006 went something like “Republicans have no intention of reversing Roe v. Wade. They would be fools if they did reverse it.” I’m beginning to suspect that I overestimated their intelligence on this particular subject. There has been a veritable deluge of attempts to overturn Roe v. Wade in the last decade, not to mention the war that conservatives are waging on Planned Parenthood in the mistaken belief that Planned Parenthood is where all abortions occur in the US.

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As the writing appears on the wall in this final gasp of American conservatism, the soon to be disempowered Republican party continues to slice parts of itself off in an orgy of self-congratulation. It seems that throwing all their morals out the window and voting for a confirmed con-artist, philanderer and pathological liar requires them to double down on those demonstrably debunked claims to a moral high ground. They are convinced that if they only pass one more law they’ll finally be able to get rid of the medical procedure, abortion, by overturning Roe. They also seem to think that they’ll stop women from using birth control or morning after pills, but I personally think that they should stop while they are ahead.

You see, Roe was already a conservative decision based on science and the law back when it was decided in 1973. It was and is conservative because it represented a partial step towards granting women the same bodily autonomy that men enjoy, before there was a detectable change in the woman’s body, while protecting the state’s interest in making sure that the maximal number of new citizens is born to each new generation of women.

Access to healthcare is a woman’s right. There really isn’t any question about this because access to healthcare, a combined investment by the society at large as well as individuals caught up in the various healthcare systems across the globe, is every human’s right. This right is established through the fact that each person born came from someone who in some way contributed to the current status of medical knowledge and the existing medical infrastructure. People come from somewhere, and that somewhere is from other people. People created the healthcare system over generations, this grants later generations access to the combined knowledge of their forebears on an equal basis. An equality that is currently being denied to most people living today, but that observation is a digression from the specific point I’m trying to make with this article.

Abortion is a medical procedure, no if’s and’s or but’s about it. As a medical procedure, abortion should be available to anyone who wants one, end of story. Or rather; it would be the end of the story if men had to carry the next generation in their bodies in the same way women do. But that isn’t how nature set procreation up. Nature put the bearing of young on women’s backs, not the men’s. This left the women at home while the men formed hunting parties. It left them at home caring for children while the men created the first governments. It left the women at home changing and washing diapers while men learned professions and took jobs outside the house. And so men vy for access to women’s reproductive organs by violence if necessary, and then try to keep their unwanted progyny in the woman’s body by force of law since they, the men, set up that law through their control of government.

No one expects men to reveal whether they’ve had a vasectomy. No one wants to hold men accountable for wasting potential life every time they masturbate (no one who is sane does, anyway) their privacy is respected, even when it comes to making decisions about whether they will have children or not. This is not true of women.

Women’s health is fraught with demands to know things about their physical being that a man would never, ever, put up with. “She’s on the rag.” “You look fat.” “your tits are too small.” “When are you due?” the intrusions into their personal privacy defy any attempt at comparison to the way men are treated in public. The next time a man loses his shit in public, ask him if he’s played with himself recently. Go ahead, I dare you.

Female hysteria was once a common medical diagnosis for women, which was described as exhibiting a wide array of symptoms, including anxietyshortness of breathfainting, nervousness, sexual desireinsomniafluid retention, heaviness in the abdomen, irritabilityloss of appetite for food or sex, (paradoxically) sexually forward behaviour, and a “tendency to cause trouble for others”. It is no longer recognized by medical authorities as a medical disorder. Its diagnosis and treatment were routine for hundreds of years in Western Europe.

In Western medicine hysteria was considered both common and chronic among women. The American Psychiatric Association dropped the term hysteria in 1952. Even though it was categorized as a disease, hysteria’s symptoms were synonymous with normal functioning female sexuality. In extreme cases, the woman may have been forced to enter an insane asylum or to have undergone surgical hysterectomy.

Wikipedia.org

There is a right to privacy in the constitution, and the reason this right exists even though it isn’t enumerated is itself constitutional. Political pundits talk about how abortion is a litmus test for potential Supreme Court (SCOTUS) justices. If there really were a litmus test when it comes to abortion, it ought to be the constitution that forms it since the constitution is what they swear to uphold. The test could be formed of a single question with two possible answers. What is the meaning of the ninth and tenth amendments to the constitution? The answer to this question could be either unenumerated personal rights and/or limited government power. Any potential judge that does not concede the existence of a right to privacy, of a limit to state power, does not have a place on the bench within the US court system. They demonstrably do not understand the document that they will be sworn to protect.

Roe v. Wade establishes a right to privacy in jurisprudence. The findings of all of the cases that involve privacy since that case rely on the findings of Roe for their justification. The court will have to find some other basis for privacy as a right in any form if they hope to preserve privacy after reversing Roe. Yes, the prospect of reversal of that judicial precedent is that far-reaching. To reverse it is to make us all wards of the state and to make all claims to privacy by persons, including the multi-national corporations null and void. Pick one. Outlaw abortion or lose your ability to talk to your doctor or attorney in confidence.

Yes, dear reader. I hear you out there exclaiming “What about protecting life, dammit?”

That’s all fine and good. First you have to prove that there is a life, a life with a conscious mind, a will to live, and not just autonomic responses. You have to prove the presence of brainwaves denoting an active consciousness. After you do that you still aren’t done. You still have to show how you will preserve that life without harming the life of the mother-to-be, and by harm I mean economic as well as physical or emotional harm. If you did all of that, you might have a telling argument. Failing to do any one of those things will put you back at where we started this entire fiasco. Individual choice. The woman decides if she will have a child, and that means right up to the day before delivery, as far as a legal argument is concerned.

Without breath there is no voice to speak up in protest. Without breath there is no human life that medicine or science can document. Without breath there isn’t a soul, as your own religious document states. Settle for what you have now or potentially lose any remaining control you exert over women’s bodily choices. Pick one.

Keeping abortion legal does protect the life of the real, live woman whose body you want to use as a government mandated living incubator. Women die during pregnancy and childbirth, all the time. Savita Halappanavar died an unnecessary death in horrible pain due to Ireland’s (since repealed) ban on all abortions. This will happen here too, if abortion is banned. Underaged girls get pregnant. Rape and incest figure into these pregnancies. Will you inflict further harm on girls who have already been violated by someone close to them by forcing them to carry those pregnancies to term? Some of them will die during pregnancy and childbirth. Just exactly what limits will you set in your pursuit of protecting the life of the unborn? How many women will die because of your crusade? It should be your job to count them all. All of those lost lives will be the blood on your hands. May you have better luck than Pontius Pilate had in removing that blood.


I started this article while the Kavanaugh hearings were going on. I felt so miserable for most of that time that I limited myself to just re-editing the Witch Hunt post, never managing to get this article formed up into the finished work I wanted it to be. Reviewing the evidence revealed by the talking heads I listened to, talking heads endlessly discussing the hearings, I came away with the fact that Christine Blasey Ford, the prosecutor that the Senate Judiciary Committee had hired to cross-examine now Supreme Court Justice Kavanaugh, got him to reveal his character by making him lose his cool. He had secrets he was hiding, and he wasn’t going to reveal them willingly. He probably should have played with himself before going into that hearing. It might have made him less of a raging asshole, but I doubt it.

After this groundbreaking revelation, that Kavanaugh was lying on the stand, an impeachable error for a sitting justice, the Republican leadership of the committee fired Christine Blasey Ford, burning another witch. They had two witch burnings in one Senate hearing, and they counted that as a success. I know that Lindsey Graham saw it that way. The Senate Republicans burned the witches and pretended none of that bad stuff that Justice Kavanaugh was accused of ever happened. Just as they did with Justice Thomas. #IBelieveHer and That Still Isn’t Enough People. The outcome of the hearings was preordained by the Republican leadership of the Senate. Holding the hearings were just a sham.

On top of that, justice Kavanaugh was drunk on the witness stand. Pull up the video of his Senate hearing. Look at the flush on his nose and cheeks. That man is one angry drunk. I pity his wife and children.

Only stupid people like the Orange Hate-Monkey and his MAGA supporters fell for the charade that the Senate performed that day. Now we have two people accused of sexual assault sitting on the SCOTUS and the stage is set for the drama that conservatives have been waiting breathlessly for ever since Roe was decided, convinced that they’ll be able to put women back in the kitchen, barefoot and pregnant as often as they can put them there. They’ve got their pandering Trump card stacking the federal courts in conservative favor. A task that was made possible by a Senate Majority Leader who should have been removed from office for dereliction of duty in 2010 when he stated his plans to do nothing for Obama while he was president.

SpotifyWhy Is This Happening? Forecasting the future of Roe v. Wade with Nancy Northup

The stage is set for the final act of this farce. The farce that started when Christianists decided to make America a christian country and set about forcing their beliefs about the nature of existence on the rest of us. The problem for them remains the same problem that the United States Supreme Court faced back in 1973. Namely, if they force women to carry every pregnancy to term, who pays for that? Who pays for those children’s futures? Who makes sure that they have equal access to the benefits of society right alongside every wealthy, wanted child?

Who? Well, we all will.

Your taxes will be raised to cover those costs. Don’t bother to try to disagree, this is written into the constitution. Brown v. Board of Education outlines the bare bones of what will be required of the general public if women are forced to carry every pregnancy to term. Equal schools for all those children. Equal access to healthcare. Equal access to the courts will ensure that this prediction will play out as I describe. Trillions will be spent.

Not just on schools and medical facilities, things we should probably be investing in anyway, but also on police and investigative capacity. Every woman will have to be registered as soon as they have their first period. They will have to be registered as a potential mother so that they can be properly tracked (already happening in Missouri) Sexual activity will have to be monitored to make sure that no one attempts to prevent a pregnancy. This task will require a police force the likes of which has never been seen before in history. The Handmaid’s Tale only hints at the depths of depravity that will be required to insure that no pregnancy is terminated, ever.

That is what reversing Roe will entail. But it only begins there. The current thinking for who will pick up the tab for all these new children amounts to making the men who father them pay for them. As if men are made of money and all you have to do is tap them like a Maple tree and they’ll ooze more money than any number of children will require. Most men are too shiftless to be willing to work to support the results of every orgasm they experience (considering the thousands of times the average male masturbates in a given lifetime, this is understandable) Most men are unwilling to devote themselves to raising children themselves. This has been my experience, speaking as a dad who spent two years at home raising his second child. Most men that I have revealed this fact to have been incredulous that I would waste my time in that fashion. As if crafting the minds and bodies of the next generation of humans was work that wasn’t of prime importance to every currently living person.

Equality will not be achieved by enslaving the men unlucky enough to be caught fathering children. They will never produce enough to pay the costs of raising those children properly. The failure to produce funds to guarantee equality will result in the taxpayer having to fund the shortfall. This means your taxes will go up, and up, and up… if you ban abortion. Someone has to pay for these children, and the full faith and credit of the US government will require that the taxpayer eventually pays that bill.

Should men carry their share of the weight? Certainly. Should we leave children in the hands of women who don’t believe they are people and don’t want them? No. Should we force the fathers to share the poverty with these women and their unwanted children? No. Shall we then confiscate children from parents that cannot raise them? Make them wards of the state and then task the state with making sure they have the best life possible? Seems to me we probably shouldn’t even begin to head down that road, the road that is labeled banning abortion. That’s the point that I’ve been trying to make since this subject was forced into my personal space as a teenager, witnessing the misfortune of people who didn’t pay attention in health class. Someone will pay for the stupidity, eventually.

If, on the other hand, I were trying to craft political positions for the movers and shakers on the issue of abortion. If I were asked to advise them on the subject of whether to support this or that bill limiting women’s access to healthcare (as far-fetched as that notion would be) I would tell them to insist on a quid pro quo arrangement.

“Fine, I’ll support your interference in the health and family decisions of the average woman in exchange for legislation that guarantees that there will be no homeless children in our state. Legislation that insures no children go without meals or beds to sleep in or whatever level of education they prove themselves capable of working towards. Either we agree on this equal exchange, or I will torpedo your bill with every legislative trick that I can muster.”

That would be my advice. Anti-abortionists claim to be pro-life. It should be beholden on them to prove that they really are pro-life by making every child a wanted child, every child a child with a home, every child a child who is not hungry. Either that, or they can just admit that abortion is sometimes necessary and give up the whole idea of interfering in a woman’s right to choose. They are, after all, the shiftless men I’m talking about.

Punishment is where the entire roller coaster ride of anti-abortion sentiment goes off the rails. The moment that anti-abortionists decided to punish women for their promiscuity with forcing them to raise children they don’t want, they crossed an unforgivable line in the sand. Children are not punishment, and we cannot afford to treat them as punishment. Infants become adults, people with rights they can assert for themselves, and those people will take their dissatisfaction with their unwanted lives out on the rest of us.

This experiment has been tried in recent history and the results are known. Ask Nicolae Ceaușescu how well that worked out for him (another dictator that Trump would have loved) You can’t, because all those unwanted children dragged him out of office and killed him. That is what has happened before when an authoritarian government attempted to make women raise children they didn’t want. If avoiding that fate means abortion is legal for the full term of a woman’s pregnancy, then so be it. As I said at the start of this article, anti-abortionists should have settled for what they already had, because all of the alternatives will be far less satisfying for them than the status quo is right now. Roe v. Wade was a conservative decision, far more conservative than what the status quo will be after the precedent is reversed, no matter which way the country goes after that. Don’t say I didn’t warn you.

You demand this life be born to appease you miserable vengeful god, but you then abdicate any responsibility for it whatsoever. Life begins at conception and ends at birth, well, at least society’s responsibility for it. To you, “sacred” means life must be born, no matter the consequences, and then it can die in the dirt and it’s not your problem. You would force life into the world, but shrug off any responsibility to build a better world for it.

Stonekettle Station
George Carlin: Pro Life, Abortion, And The Sanctity Of Life

They aren’t pro-life, they are anti-woman.

George Carlin

Case history


We are already living in a post-Roe America

1A – How We Talk When We Talk About Abortion – November 18, 2019

What is the number that is rare? I say let women decide. For themselves.

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