It will not end with Texas—other “red states” are set to follow suit, including South Dakota and Florida. Abortion is about to be criminalized in a huge section of the country. Of course, this will have little impact on wealthier, white residents of Texas (or the other states which enact similar laws)—they’ll still be able to fly/drive…
It will not end with Texas—other “red states” are set to follow suit, including South Dakota and Florida. Abortion is about to be criminalized in a huge section of the country. Of course, this will have little impact on wealthier, white residents of Texas (or the other states which enact similar laws)—they’ll still be able to fly/drive to states where the procedure remains legal. That option will not be available to poorer residents of those same states.
One other thing: Rush Limbaugh’s despicable use of the term “Feminazi”‘always used to infuriate me. My mother’s entire family was wiped out by the Nazis in the Holocaust. To trivialize how truly evil that regime was by comparing Feminists to it demonstrated both historical ignorance and how deceitful and evil Limbaugh actually was. I hated him when he was alive, shed not a single tear when he died, and continue to curse his malign impact on the country.
100000%%%%%. I hated him when he was alive, shed not a single tear when he died, and continue to curse his malign impact on the country. It is not possible to be pro-woman (even in a nuclear-family-good-ole-days-suppress-those-with-vaginas sense) and support that despicable pile of matter. Hate him with all my being . . .And I try VERY hard not to hate because it is so powerful.
Limbaugh saying "Feminazi" exposed him as a Nazi for all to see. I am saddened for your loss. Now we must know our enemies. I am a NY Jew who watches them as they out themselves.
Ian, I would add, those wealthy white women won’t need to fly/drive anywhere. There will be plenty of white male doctors that will be able/allowed to fly under the radar to “help” them.
In 1975 I was working as an RN on a surgical unit of a community hospital. One evening I answered a call light for a woman who was cramping post D&C and needed a bedpan. I helped her, then came back a few minutes later to check on her. She said she was feeling so much better after passing that last big clot. I don't know if anyone ever told her it was a 5 inch fetus.
This bizarre “law” is mind-bogglingly, crushingly stupid above all else. In the first place we have laws for the good and necessary reason that none of us wants to live in a vigilante society. It’s a contradiction in terms to create a law that enables, not to say, promotes, vigilantism. This alone should make it a non-starter at the Supreme Court.
Secondly it allows virtually anyone to squeeze the trigger. Because it’s writers were undoubtedly completely vexed and at a loss as to where to draw the line as to who could sue, the door is open for anyone with knowledge of an impending abortion to sue. This, I’m sure satisfied those bright souls who legislate on behalf of Republican Party in the great Republic of Texas. But they have, in fact, hurled a hard rubber ball against a wall and expected it not to fly back and hit them.
Consider: it has been widely assumed in the past few days that, in the immortal phrase from The Great Gatsby, “The rich are different”. I have heard over and over again in the past two days that the wealthy will simply go to Los Angeles or New York to get an abortion, in the face of this law. “The burden of the law will fall on the poor” has been oft-repeated without due consideration.
I disagree. This law will have the consequence of chilling everyone. The wealthy know more people than do the poor. They are the ones with the now anachronistic Rolodexes. They will wonder who they can tell safely that this is their plan. Most of the wealthy have declared or undeclared enemies. They may *feel* it unlikely that someone inimical to them will not find out nor, if they do, will have the chutzpah to out themselves by suing. But they won’t be *sure* and paranoia is a feature of our age. They know that everywhere they go, they leave a trail. They will worry that if they tell someone it’s as good as telling everyone. They will worry about an unexplained absence from work. They will worry that their children will know and might tell someone. They will think about the moral consequences of having their children know they are breaking the law. They will speculate that so and so is living well beyond their means and might not look the gift horse of $10000 in the mouth…
Of course, they will ultimately conclude that their fears are groundless and go ahead anyway and probably in 1000 cases out of 1000, nothing will come of it. But fear is cunning beast and we don’t control our irrational selves. I can’t see the wealthy white women of the suburbs being comfortable in the slightest with this slimy and slippery new law. And they have clout.
One last point - will we not see a flood of cases in which the man who impregnated the woman ends up suing her a few weeks down the road. After all, who knows more about her intentions? There are of course many cases in which the man wants the child even less than the woman. But it is equally true that there are heaps of relationships hanging by a thread. And a woman planning an abortion might say the wrong thing and cause her problematic partner to sue her. This will do wonders for social cohesion.
In short, no good will come of this law and plenty of evil will. Abbott, who signed it into effect, may be sowing the wind.
Hi Eric. All you discuss suggests that it is a terrible thing that it was allowed to pass through the “shadow docket”. That term itself sounds evil.
You know, Fern made a comment that has stuck with me. The evil dogs of Lone Star Texas have caught the car and what are they to do now? They might find their “prey” has a lot more inherent power than they have considered. They went after women. But what they actually went after was Love. Which has no opposite. And is the most powerful of all.
That comment of Heather’s struck me as well. It was very apposite. Or at least it has the power to be so. Perhaps in the end it will be just another “I can’t believe they’d stoop that low”, while it’s victims are fitted anew for a more pinched and straitened life. However, for now at least, it has struck a raw nerve. That is a good sign.
The shadow docket is increasingly bizarre and of a piece with what other regressions are being suffered. I do not know enough of the Supreme Court to have any idea of what, if anything, there may be to countermand it’s new use. On the face of it, it makes SCOTUS look devious of course. But too they must bear the censure of being seen as cowards by acting in such a way in matters of the most important.
They are begging to be reformed, especially inasmuch as they do not seem to have the vaguest notion that their lofty standing is self-imperiled.
And lastly, I think the opposite of love is indifference. It resonates in this case - a government indifferent to the needs of they who are governed, possibly facing a rising tide of those who want to express love in its highest ideal - platonic.
This was the most telling paragraph of Professor Cox's letter today:
In a 2011 article in the Yale Law Journal, they showed that opposition to the eventual Roe v. Wade decision began in 1972—the year before the decision—and that it was a deliberate attempt to polarize American politics.
This is the game politicians, and especially Republican politicians, have played since Nixon and Watergate. Reagan solidified this dynamic with his embrace of the Moral Majority, and Trump was the reality star master-mind of divide and conquer politics.
Poet and activist Audre Lorde called these horizontal battles, intended to "becloud more pressing issues of oppression." Vertical battles are fought by the members of a democracy against the "structure at the top which desires changelessness and which profits from these apparently endless kitchen wars."
This week alone Texas has deputized vigilantes, who now have unprecedented access to guns, to go after women when they are in one of the most vulnerable positions they can be in and to freely intimidate voters in their capacities as partisan poll watchers.
Shadow decisions rapidly increased during the past administration at the urging of the Solicitor General, 19 such ‘decisions’ vs singular digits during Obama years. This year there have already been 19 decisions which are really ‘no decision’ sine the court does not comment as to why? Obviously, the cowards way out!
I agree with what you have said. I only note that calling having or assisting in an abortion constitutes a "crime" or "breaking" the law is an oxymoron, and illogical. Abortion is a legal act according to well established (48 years) legal precedent. How can it be a crime to engage in or assist with a legal activity?
And there are very strong HIPAA protections across our land s, if one of those "vigilante thugs" crosses that privacy line, he or she can be dealt with.
A woman's healthcare is strictly between her and her healthcare provider.
That occurred to me as well. "The Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information. The Privacy Rule applies to all forms of individuals' protected health information, whether electronic, written, or oral. The Security Rule is a Federal law that requires security for health information in electronic form." https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html
Seems to me that anyone acquiring information to substantiate that a woman has had a post-6 week abortion would be in violation of HIPAA, a criminal act.
I went to the site you generously provided. Under the "Who is Nor Required To Follow These Laws" is listed *Most Law Enforcement Agencies*. One wonders whether Texas considers that it has, in effect, "deputized" its citizens to bring these cases and thus each one is, de jure if not de facto, a member of a newly formed Law Enforcement Agency.
If it were not so chillingly dystopic, this brave step forward in Texas would be risible.
I’ll definitely bite. What was the disturbance about? I often feel that things on this forum go around the corner just when I look up to see if anything’s there. I’m kind of outsider-ish in this community. My fault entirely. I think a lot of people feel I’m didactic. I’ve tried softening the edges, but it never works. I look at what I’ve re-written and feel diminished or something akin to that. So I just shoot from the lip.
Also there is a lack of real kinship because I’m not American and thus have not experienced the horrors at first hand. I am *completely ok* with that. People are virtually never rude to me - they are more kind than I would ever expect. But I’m an outsider and I can feel that. Again, that’s not a complaint. I just think it’s a factor. And I’ve always spoken out forcefully. So there have been lots of slings and arrows coming my way in life and I’m long past being hurt. I look to see if I need to apologize and do so when I feel there’s a merit. Often my thought is a simple, “Consider the source”.
Great post today, Fern. It was brilliantly wide in perspective. When you go on a tear, it’s hugely edifying. :)
My point was that I think they will. Not in their pocketbook. Not in their ability to evade it. But in an uprising of fear that someone vengeful to them will it them in the docket.
This fear will not likely be realized in fact. But fear itself can be crippling.
Yes, the news last nite showed Ron DeathSantis considering how to follow his rival idiot Greg Abbott's lead. Oh, and this asswipe "governor" actually tried to get flags flown at half-staff in Palm Beach Co. for that disgusting piece of shit Rush Limbaugh. I think the county refused.
I think deathSantis is probably much more interested in how to write a law that encourages vigilanteism for some mandating masks and vaccines or other such interference in killing off his constituents.
At Limbaugh's death, I had two women at my dog training club express great sorrow at his passing. I chuckled and said, "Femi-nazi." They looked at me like I was nuts. I didn't say any more. Both are great Trump supporters, but thankfully quiet about it.
NH has already gone there-The Republican majority legislature has passed a near total ban on any abortion after 24 weeks and mandates ultrasounds before ANY abortion, regardless of duration of the pregnancy. The R Governor signed the bill, even though he claims to be "Pro Choice". The only exception is to save the life of the mother. In addition there are both financial and jail time consequences for any physician who participates in a late term abortion. Those include a fine of $10 to 100K and jail time of 3.5to 5 years in prison.
It will not end with Texas—other “red states” are set to follow suit, including South Dakota and Florida. Abortion is about to be criminalized in a huge section of the country. Of course, this will have little impact on wealthier, white residents of Texas (or the other states which enact similar laws)—they’ll still be able to fly/drive to states where the procedure remains legal. That option will not be available to poorer residents of those same states.
One other thing: Rush Limbaugh’s despicable use of the term “Feminazi”‘always used to infuriate me. My mother’s entire family was wiped out by the Nazis in the Holocaust. To trivialize how truly evil that regime was by comparing Feminists to it demonstrated both historical ignorance and how deceitful and evil Limbaugh actually was. I hated him when he was alive, shed not a single tear when he died, and continue to curse his malign impact on the country.
And Bannon who picked up the torch from Hell.
100000%%%%%. I hated him when he was alive, shed not a single tear when he died, and continue to curse his malign impact on the country. It is not possible to be pro-woman (even in a nuclear-family-good-ole-days-suppress-those-with-vaginas sense) and support that despicable pile of matter. Hate him with all my being . . .And I try VERY hard not to hate because it is so powerful.
Limbaugh saying "Feminazi" exposed him as a Nazi for all to see. I am saddened for your loss. Now we must know our enemies. I am a NY Jew who watches them as they out themselves.
Ian, I would add, those wealthy white women won’t need to fly/drive anywhere. There will be plenty of white male doctors that will be able/allowed to fly under the radar to “help” them.
So true. I am old enough to remember when Catholic women had a "D&C" for "menstrual problems" as a way to cover up an early abortion.
Absolutely true! During the 70s, my mother, her sisters and friends had no problem getting D&Cs for “late periods”.
By the way, my mother has always been anti-abortion. But D&C, that’s a necessary medical procedure, in her opinion.
In 1975 I was working as an RN on a surgical unit of a community hospital. One evening I answered a call light for a woman who was cramping post D&C and needed a bedpan. I helped her, then came back a few minutes later to check on her. She said she was feeling so much better after passing that last big clot. I don't know if anyone ever told her it was a 5 inch fetus.
This bizarre “law” is mind-bogglingly, crushingly stupid above all else. In the first place we have laws for the good and necessary reason that none of us wants to live in a vigilante society. It’s a contradiction in terms to create a law that enables, not to say, promotes, vigilantism. This alone should make it a non-starter at the Supreme Court.
Secondly it allows virtually anyone to squeeze the trigger. Because it’s writers were undoubtedly completely vexed and at a loss as to where to draw the line as to who could sue, the door is open for anyone with knowledge of an impending abortion to sue. This, I’m sure satisfied those bright souls who legislate on behalf of Republican Party in the great Republic of Texas. But they have, in fact, hurled a hard rubber ball against a wall and expected it not to fly back and hit them.
Consider: it has been widely assumed in the past few days that, in the immortal phrase from The Great Gatsby, “The rich are different”. I have heard over and over again in the past two days that the wealthy will simply go to Los Angeles or New York to get an abortion, in the face of this law. “The burden of the law will fall on the poor” has been oft-repeated without due consideration.
I disagree. This law will have the consequence of chilling everyone. The wealthy know more people than do the poor. They are the ones with the now anachronistic Rolodexes. They will wonder who they can tell safely that this is their plan. Most of the wealthy have declared or undeclared enemies. They may *feel* it unlikely that someone inimical to them will not find out nor, if they do, will have the chutzpah to out themselves by suing. But they won’t be *sure* and paranoia is a feature of our age. They know that everywhere they go, they leave a trail. They will worry that if they tell someone it’s as good as telling everyone. They will worry about an unexplained absence from work. They will worry that their children will know and might tell someone. They will think about the moral consequences of having their children know they are breaking the law. They will speculate that so and so is living well beyond their means and might not look the gift horse of $10000 in the mouth…
Of course, they will ultimately conclude that their fears are groundless and go ahead anyway and probably in 1000 cases out of 1000, nothing will come of it. But fear is cunning beast and we don’t control our irrational selves. I can’t see the wealthy white women of the suburbs being comfortable in the slightest with this slimy and slippery new law. And they have clout.
One last point - will we not see a flood of cases in which the man who impregnated the woman ends up suing her a few weeks down the road. After all, who knows more about her intentions? There are of course many cases in which the man wants the child even less than the woman. But it is equally true that there are heaps of relationships hanging by a thread. And a woman planning an abortion might say the wrong thing and cause her problematic partner to sue her. This will do wonders for social cohesion.
In short, no good will come of this law and plenty of evil will. Abbott, who signed it into effect, may be sowing the wind.
Hi Eric. All you discuss suggests that it is a terrible thing that it was allowed to pass through the “shadow docket”. That term itself sounds evil.
You know, Fern made a comment that has stuck with me. The evil dogs of Lone Star Texas have caught the car and what are they to do now? They might find their “prey” has a lot more inherent power than they have considered. They went after women. But what they actually went after was Love. Which has no opposite. And is the most powerful of all.
They are screwed, so to speak.
That comment of Heather’s struck me as well. It was very apposite. Or at least it has the power to be so. Perhaps in the end it will be just another “I can’t believe they’d stoop that low”, while it’s victims are fitted anew for a more pinched and straitened life. However, for now at least, it has struck a raw nerve. That is a good sign.
The shadow docket is increasingly bizarre and of a piece with what other regressions are being suffered. I do not know enough of the Supreme Court to have any idea of what, if anything, there may be to countermand it’s new use. On the face of it, it makes SCOTUS look devious of course. But too they must bear the censure of being seen as cowards by acting in such a way in matters of the most important.
They are begging to be reformed, especially inasmuch as they do not seem to have the vaguest notion that their lofty standing is self-imperiled.
And lastly, I think the opposite of love is indifference. It resonates in this case - a government indifferent to the needs of they who are governed, possibly facing a rising tide of those who want to express love in its highest ideal - platonic.
I don't think they have any idea what they have awakened and how strong love and women can be, and even more so when backed by good men and others.
This was the most telling paragraph of Professor Cox's letter today:
In a 2011 article in the Yale Law Journal, they showed that opposition to the eventual Roe v. Wade decision began in 1972—the year before the decision—and that it was a deliberate attempt to polarize American politics.
This is the game politicians, and especially Republican politicians, have played since Nixon and Watergate. Reagan solidified this dynamic with his embrace of the Moral Majority, and Trump was the reality star master-mind of divide and conquer politics.
Poet and activist Audre Lorde called these horizontal battles, intended to "becloud more pressing issues of oppression." Vertical battles are fought by the members of a democracy against the "structure at the top which desires changelessness and which profits from these apparently endless kitchen wars."
This week alone Texas has deputized vigilantes, who now have unprecedented access to guns, to go after women when they are in one of the most vulnerable positions they can be in and to freely intimidate voters in their capacities as partisan poll watchers.
USSC…..United States Star Chamber?
I've had that thought as well.
Reading history is never a lost cause! As HCR demonstrates daily.
Shadow decisions rapidly increased during the past administration at the urging of the Solicitor General, 19 such ‘decisions’ vs singular digits during Obama years. This year there have already been 19 decisions which are really ‘no decision’ sine the court does not comment as to why? Obviously, the cowards way out!
Hahahah! With no sex involved!
I agree with what you have said. I only note that calling having or assisting in an abortion constitutes a "crime" or "breaking" the law is an oxymoron, and illogical. Abortion is a legal act according to well established (48 years) legal precedent. How can it be a crime to engage in or assist with a legal activity?
And there are very strong HIPAA protections across our land s, if one of those "vigilante thugs" crosses that privacy line, he or she can be dealt with.
A woman's healthcare is strictly between her and her healthcare provider.
That occurred to me as well. "The Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information. The Privacy Rule applies to all forms of individuals' protected health information, whether electronic, written, or oral. The Security Rule is a Federal law that requires security for health information in electronic form." https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html
Seems to me that anyone acquiring information to substantiate that a woman has had a post-6 week abortion would be in violation of HIPAA, a criminal act.
I went to the site you generously provided. Under the "Who is Nor Required To Follow These Laws" is listed *Most Law Enforcement Agencies*. One wonders whether Texas considers that it has, in effect, "deputized" its citizens to bring these cases and thus each one is, de jure if not de facto, a member of a newly formed Law Enforcement Agency.
If it were not so chillingly dystopic, this brave step forward in Texas would be risible.
Geez!!
I’ll definitely bite. What was the disturbance about? I often feel that things on this forum go around the corner just when I look up to see if anything’s there. I’m kind of outsider-ish in this community. My fault entirely. I think a lot of people feel I’m didactic. I’ve tried softening the edges, but it never works. I look at what I’ve re-written and feel diminished or something akin to that. So I just shoot from the lip.
Also there is a lack of real kinship because I’m not American and thus have not experienced the horrors at first hand. I am *completely ok* with that. People are virtually never rude to me - they are more kind than I would ever expect. But I’m an outsider and I can feel that. Again, that’s not a complaint. I just think it’s a factor. And I’ve always spoken out forcefully. So there have been lots of slings and arrows coming my way in life and I’m long past being hurt. I look to see if I need to apologize and do so when I feel there’s a merit. Often my thought is a simple, “Consider the source”.
Great post today, Fern. It was brilliantly wide in perspective. When you go on a tear, it’s hugely edifying. :)
Also very possible. Either way, the economically powerful will not feel the impact of this law.
My point was that I think they will. Not in their pocketbook. Not in their ability to evade it. But in an uprising of fear that someone vengeful to them will it them in the docket.
This fear will not likely be realized in fact. But fear itself can be crippling.
appreciate your comments, even though they are gut-wrenching. The entire situation we find ourselves in still seems surreal.
Geez, have you ever said a terse, clear, potent mouthful, Beverly Falls.
Yes, the news last nite showed Ron DeathSantis considering how to follow his rival idiot Greg Abbott's lead. Oh, and this asswipe "governor" actually tried to get flags flown at half-staff in Palm Beach Co. for that disgusting piece of shit Rush Limbaugh. I think the county refused.
I think deathSantis is probably much more interested in how to write a law that encourages vigilanteism for some mandating masks and vaccines or other such interference in killing off his constituents.
C'mon guys, can't we call him Ron DeathShiitis?
Tantum de mortuis loqui bonum. Only speak good about the dead.
Rush Limbaugh is dead.
Good.
At Limbaugh's death, I had two women at my dog training club express great sorrow at his passing. I chuckled and said, "Femi-nazi." They looked at me like I was nuts. I didn't say any more. Both are great Trump supporters, but thankfully quiet about it.
NH has already gone there-The Republican majority legislature has passed a near total ban on any abortion after 24 weeks and mandates ultrasounds before ANY abortion, regardless of duration of the pregnancy. The R Governor signed the bill, even though he claims to be "Pro Choice". The only exception is to save the life of the mother. In addition there are both financial and jail time consequences for any physician who participates in a late term abortion. Those include a fine of $10 to 100K and jail time of 3.5to 5 years in prison.