Across the nation, Republicans are taking action on abortion laws ahead of the imminent decision by the Supreme Court.
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In a recent article, the leftist Daily Beast warned with the headline, “Republicans Are Winning the Fight Against Abortion. Where the Hell Are the Democrats?”
In the article, the author expressed concern that Republicans are passing anti-abortion laws in some states as the Supreme Court prepares to rule on Roe v. Wade.
“Listen, I understand the prevailing Beltway consulting wisdom. These bills will blow over. It’ll be challenged in court, make a stand then. And yes, It’s tempting to think that common sense and cooler heads will—must—prevail on an issue so fundamental as a woman’s freedom to exist. But that’s a fantasy in an America where Republicans command majorities in 30 states, and in 23 states the GOP holds entirely unified control of state government. Insulated from political challenges by gerrymandering and voter suppression, state Republicans have taken off their masks to introduce a horror show of anti-abortion legislation,” reads the report.
Many states have responded by taking action.
Tuesday, the Tennessee Republicans moved forward with yet another anti-abortion measure designed to circumvent federal court challenges.
In many ways, the proposal mimics legislation currently in place in Texas, which entails not only preventing doctors from performing abortions before most women are aware they are pregnant, but also allowing private citizens to sue anyone who aids in an abortion after six weeks of pregnancy.
Tennessee’s version introduced Tuesday would ban all abortions rather than give a patient a six-week window to have an abortion. Similar to Texas law, the government would not be the enforcer in this case, so legal challenges would be more difficult.
“This bill is modeled directly after the legislation passed in Texas last year. Abortions, since that bill has been passed, have dropped 60 percent in Texas,” Republican Rep. Rebecca Alexander told a House subcommittee.
Rape and incest are not exceptions to the proposed abortion ban, but those who impregnate a woman “through an act of rape, sexual assault, or incest” will not be allowed to sue an abortion provider. In contrast, a rapist’s relatives can each file a claim in civil court.
Attorney General Jason Miyares of the Republican Party of Virginia has urged the Supreme Court to overrule Roe v. Wade.
As a member of a group of 21 states, Virginia asked the Supreme Court to invalidate Mississippi’s 15-week abortion ban and reaffirm Roe as the court’s core holding.
“The [new] Attorney General has reconsidered Virginia’s position in this case,” Miyares wrote in a letter to the justices. “Virginia is now of the view that the Constitution is silent on the question of abortion, and that it is therefore up to the people in the several states to determine the legal status and regulatory treatment of abortion.”
In calling for states to control abortion laws, Miyares said Virginia will align with 19 Republican attorneys general nationwide as well as 12 red-state governors.
“It is Virginia’s position that the court’s decisions in Roe and Casey were wrongly decided,” he wrote, referring also to Planned Parenthood v. Casey in 1992, which barred states from prohibiting access to abortion in time for viability. “This court should restore judicial neutrality to the abortion debate by permitting the people of the several states to resolve these questions for themselves.”
Senator Josh Hawley of Missouri argued last month that Roe v. Wade is the biggest injustice of our lifetime and that the Supreme Court should fix it.
Hawley told Breitbart that after the first day of oral arguments, Roe v. Wade is “very much in play.”.
Specifically, Hawley said, “It would mean the reaching of a landmark goal that I mean, frankly, I have to say just personally, that Roe is one of the reasons that the major reason that I went into politics, and I think that’s true for many, many other people. That’s one of the major reasons I was interested in the law. And this is the greatest injustice of our lifetimes.”
“I just have to say that someone who believes that that row is one of the worst decisions ever handed down by the Supreme Court, I think it would be a monumental moral landmark and reverse a great injustice.”
In Mississippi, a law that would prohibit almost all abortions if done after 15 weeks is being reviewed by the Supreme Court.
With his line of questioning, Clarence Thomas revealed in December that he is in favor of overturning Roe v Wade.
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The liberal pro-abortion movement has long targeted Thomas, particularly given that he is arguably the most pro-life justice the Supreme Court has ever had on its bench.
It is possible that Justice Kavanaugh and Chief Justice Roberts will decide the case.
Roberts and Kavanaugh might not support reversing Roe v Wade as a whole, but they might opt for some sort of “middle ground.”