Overturning Abortion Rights is Fascism – Pure and Simple

The US Supreme Court is a fascist organization.

Let me cut right to the chase to explain why.

This week the conservative majority (I won’t call them justices) overturned Roe v. Wade – the landmark 1973 decision that expanded access to abortion nationwide.

This is on top of decisions deeply wounding state’s rights to make gun regulations, to hold police civilly accountable for reading suspects their Miranda rights, and even the separation of Church and State in regard to public funding of parochial schools.

Let me be very clear – this is not about consistency based on legal precedent or interpretation of the law. It is ideology – pure and simple.

In the case of abortion, these four men and one woman did it because they wanted to. That’s all.

And they wanted to for a while now. They each lied to Congress during their confirmation hearings.

Maybe money exchanged hands. Maybe they were influenced by powerful pundits, politicians and ideologues.

But their rulings were certainly not based on logic. After all, in the same week they decided states CAN’T regulate guns but states CAN regulate women’s bodies.

This is inconsistent and irrational.

The right to an abortion is one of the most fundamental rights a person can have.

It is central to the very idea of personal freedom and autonomy.

And no argument based on the rights of the unborn can support this travesty of justice.

Look at the facts.

At the beginning of pregnancy, a fetus is nothing but a cluster of cells.

This cluster is alive but so is cancer. So are insects. So are bacteria.

Being alive is not enough to give it rights over-and-above the person these cells are clustered inside.

Electrical impulses in these cells do not constitute a heartbeat. Nearly every cell has such electrical impulses – the brain, muscles, organs, etc. That doesn’t make them separate organisms.

Your belief that a cluster of cells is a person is not a compelling argument for anything.

There are no facts behind it.

It is purely a matter of a faith.

There is no way to prove either position right or wrong. It is definitional.

It is purely something you believe without any evidence.

It is religion, and in a free society one person’s religion cannot compel someone of another faith or someone of no faith whatsoever.

Catholics can’t make Jews attend midnight mass before Christmas. Jews can’t make Baptists refrain from eating pork. Muslims can’t stop atheists from drawing cartoons of religious figures.

Doing so would be theocracy.

So using your belief as a justification to force people who do not share it to take that cluster of cells to term is a textbook example of fascism.

It clearly violates the First Amendment establishment clause of the Constitution. It forces others to be compelled by your faith-based claims.

Moreover, it violates a person’s right to bodily autonomy.

If you have a right to anything, it is to do whatever you want with your own body. After all, that is you at its most essential.

Without this right, you are the same as livestock or an enslaved person.

No one should be able to force you to do anything with or to your body that you don’t want.

Obviously that right has limits – for example if you intend to use your body to hurt or kill someone else.

But we’ve already established that a fetus – a glob of cells – cannot be assumed to be someone else.

Doing otherwise would be absurd.

So someone has beliefs about what’s happening inside your body. So what?

Imagine if some cult thought your kidneys have souls and must be kept inside you at all costs. Should they be able to pass a law forbidding you from removing one if it gets infected? If you want to donate it to save another person’s life?

They’re your kidneys. And that fetus is your cluster of cells. You can do with it what you want.

Eventually, if you let that cluster of cells develop long enough, it may become something else. It may become viable to live on its own and what almost everyone would agree is a person. But it is not a given at all that this conglomeration of tissue is one yet.

And your insistence that your beliefs about it must compel my actions violates my rights.

Moreover, this argument has been predicated on the believer in the personhood of a clump of cells acting in good faith.

In point of practice, we do not even see that.

The same people in favor of repealing a person’s right to abortion may be in favor of the knot of tissue developing through birth, but they do not support doing anything to help it once it has unequivocally reached personhood.

No universal healthcare. No universal daycare. No neonatal care. No robust education funding. And no protection against gun violence.

This shows that most people professing this belief in the personhood of something inside your body is pure balderdash.

It’s not about that mass growing inside a woman. It’s about the woman, herself – controlling her actions, making her bend to your will, making it harder for her to exercise her autonomy and benefit from her own economic power.

It is about upholding patriarchy. It is about subjugating women – especially poor women and women of color who are more likely to be impacted.

Make no mistake.

This is fascism.

Our Supreme Court is fascist.

And whether you are likely to ever have an abortion or not is beside the point.

Every woman, every man, every person is impacted.

We must fight this kangaroo court and the political power behind it.

We must make them regret such blatant autocracy and totalitarianism.

This is everyone’s fight.

Every PERSON. Everywhere.


 

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Back to the Past with the US Supreme Court 

“Daddy, are gay people not allowed to get married?” 

My daughter was looking at me in confusion as we sat together on the couch watching an old episode of “Top Chef.” 

In Season 6, episode two, the chefs were asked to cook for a bachelor party. One of the contestants, Ashley, was indignant that she had to participate in a challenge centered on  marriage when she, herself, couldn’t marry another woman.  

I was surprised.  

It hadn’t occurred to me that the show was so old. It first aired in 2009. Was that really so long ago? 

We’ve only had marriage equality in all 50 states since 2015. That’s just seven years ago.  

So I explained to my daughter that gay people can marry today, but that it wasn’t always the case.  

My 13-year-old thought the idea that people couldn’t marry whoever they wanted to was just too crazy to be believed. And I agreed. 

It was later that night that I read the article in Politico about Roe v. Wade.  

Apparently, the landmark 1973 decision that expanded access to abortion nationwide is about to be overturned by the Republican majority on the Supreme Court. 

Some folks are even speculating that this could mean the roll back of similar rulings such as ones allowing same sex marriage and even interracial marriage.  

What the heck!?  

Did I just sleep through a monologue by Rod Serling?  

I’m still seeing things in color but they’re starting to feel very black and white.  

These are issues of settled law.  

Roe v. Wade is older than I am. Women have been able to terminate unwanted pregnancies for my entire life and the world hasn’t come to an end. In fact, if you read about what life was like before this decision, things have improved.  

Women have freedom over their own bodies. They aren’t trapped by the Catch 22 of whether to submit to a forced birth or risk their lives with a back alley procedure.  

I remember having a similar moment of cognitive dissonance as my daughter did when I was in high school.  

I read the book “An American Tragedy” by Theodore Dreiser and was shocked at what life was like in the 1920s before women had such freedoms. In the book, a couple get pregnant and have to choose between an unwanted marriage while raising an unwanted child or a black market abortion and the freedom to move on. When they can’t agree, the protagonist, Clyde, murders the poor woman.  

At the time, the whole situation seemed entirely quaint. It was a series of arguments, examples, and counter examples on an issue that had been decided long ago.  

That anyone could think differently struck me as absurd.  

In my high school public speaking class, we debated the issue. I argued in favor of reproductive rights, and a girl I had a crush on argued against them. 

She was certainly passionate about the rights of the unborn. But she seemed startlingly unconcerned with the rights of the already born.  

She wasn’t concerned about the child’s welfare or even the rights of a woman to make decisions about her own body – assuming those decisions were different than those my crush might make for herself.  

As I got older, I met others who felt the same way. For them the guiding principle was a religious fairy tale that didn’t even connect with the Bible but instead some fundamentalists view of gender politics.  

That’s fine if you want it to be the deciding factor in your own life, I guess. But leave the rest of us out of your faith-based world view. 

That such folderol is actually being considered by the highest court in the land is hard to believe. 

This is not the future I imagined back in high school when it occurred to me that I’d probably live into the sci-fi era of the 2000s.  

It’s more like getting stuck in Doc Brown’s Delorean and sent back to the past.  

And that’s exactly what it is.  

So-called conservatives want to return us to a mythical time when all was good with America.  

It says so on their precious red hats.  

But things were never that good in America for most people – unless you were white, Protestant and male. 

Let’s cut to the chase. None of this really is about stopping abortions. (If that was the concern, we’d be talking about free birth control, neonatal care and making a better world to raise children in.) Nor is it about safeguarding marriage between a man and a woman – or a white man and a white woman.  

It’s about strengthening white supremacy. It’s about bolstering the patriarchy.  

This is politics – pure politics.  

And there is a political solution.  

As Sen. Bernie Sanders has already suggested, Congress can codify reproductive rights into the law. There’s nothing the courts could do about it then.  

Democrats have a majority in both the House and the Senate and we have the Presidency.  

If we can’t get 60 votes in the Senate (and we probably can’t) we can end the filibuster and pass it with 50 votes. 

I hope with all my heart that we do this.  

I will push and organize and protest and electioneer. But I fear it will not be enough. 

Just making it to this regressive moment in time seems to indicate that our system is too broken to be fixed that way. 

This is not the world I wanted for my daughter. I fear it is the world she will have to fight to overcome.  

The battles of our grandparents have become our inheritance to our posterity.  

They deserve a much better world.  

But all we seem to have for them are reruns. 


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I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!