Tuesday, May 3, 2022

Roe is Me

Did you see the headlines yesterday? In these ongoing unprecedented times, the fact that a draft of a Supreme Court opinion was leaked ahead of the decision is mind-blowing and surprising. The fact that the current U.S. Supreme Court would overturn Roe v. Wade[1] given the opportunity is not. It is exactly like a tornado or tsunami warning: we can see it coming, and although we cannot be certain about where and when it will hit, it is going to hit. So here we are, huddled and waiting for the storm.

I’ve spent years telling my students that the belief in the rule of law is akin to a collective leap of faith, an almost spiritual way of looking at it. I have explained how the last administration made that leap a riskier venture. Today, the chasm we now need to navigate is wider and may even have sharks swimming in the murky area below. Sigh.

I will admit to thinking that the Roe decision was unnecessarily convoluted when I read it in Con. Law. The U.S. Supreme Court didn’t usually give such numerically bright line rules (the fertile octogenarian, anyone?). I thought such an important case should be clearly written and easily understood, but I loved what it stood for-I loved its place in the timeline of Griswold v. Connecticut,[2] Eisenstadt v. Baird[3], Planned Parenthood v. Casey[4]and on to Lawrence v. Texas[5]. But, in all honesty, the right to abortion was barely holding on after Casey, and here we are today.

My first reaction was to ask Amy Coney Barrett to turn in her uterus. I thought she should be banished from the sisterhood for her role in this-and then I stopped. Why am I blaming the only woman who signed on to this? Don’t get me wrong, she is not going to be invited to my birthday party this year (or any year, ever), but my hope that she was one of our own on the inside just because she is a woman wasn’t fair either. Assuming anything-- about anyone-- just because of their gender isn’t right. So, I will despise her actions exactly as much as I despise the actions of the four other justices who have purportedly signed onto this abomination.

I distinctly remember my eldest daughter asking me about abortion when she was about eight (she routinely asked me about really deep things at very inopportune times, usually while I was driving-which as you may know is already a fraught venture in Massachusetts). And I distinctly remember sitting on the edge of her bed, explaining what it was, and telling her that she would never need to worry about it because her body belonged to her.

And now I am a liar.

(Liz Stillman)

 

[1] Roe v. Wade, 410 U.S. 113 (1973).

[2] Griswold v. Connecticut, 381 U.S. 479 (1965).

[3] Eisenstadt v. Baird, 405 U.S. 438 (1972).

[4] Planned Parenthood of Southeastern Pennsylvania v. Casey,
505 U.S. 833 (1992). This was the beginning of pulling the teeth of Roe out.

[5]  Lawrence v. Texas, 539 U.S. 558 (2003).

https://lawprofessors.typepad.com/academic_support/2022/05/roe-is-me-1.html

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