The Future of Dodd vs Jackson

This is a contentious issue. I firmly believe that the ruling of Dodd vs Jackson will eventually be overturned, if not legally, then at least in public sentiment. A significant majority of Americans support abortion rights, contrasting with a few smaller states dominated by religious beliefs. In this struggle, it seems the majority will ultimately triumph.

Polling consistently indicates strong backing for women's reproductive rights, a trend that has remained stable over the years. The Moral Minority appears to be misjudging the majority’s perspective, believing that imposing their views will lead them to salvation.

While I often disagree with conservatives and Republicans, I have to acknowledge their effectiveness in driving change. Over the past 50 years since Roe was established, Democrats have had chances to solidify Roe into law but have failed to act. It’s perplexing.

Fortunately, this Court has left the decision to the populace. They could have ruled that abortion is universally illegal, making it nearly impossible to reverse. Instead, they opted not to issue a ruling that would eliminate any protections for abortion rights.

Now, states that oppose abortion are enacting laws with reckless abandon. These laws are harsh and lack compassion for women in need. There’s no room for dialogue, and some lawmakers believe their jurisdiction extends to the moment of conception.

It would be refreshing to see these legislators work towards creating a more equitable society that alleviates the circumstances leading women to consider abortions. Unfortunately, that seems unlikely.

For these lawmakers, crafting anti-abortion legislation has become an obsession—akin to an addiction. Their focus is on reshaping others' lives according to their beliefs. This zeal is reminiscent of a holy war.

In certain states, law enforcement is now tasked with identifying women who travel to more lenient areas for abortion services. Officers are instructed to interrogate and detain anyone who offers support to these women. Investigators are scouring social media, phone logs, credit card transactions, and GPS data to enforce these extreme laws. The police are now being utilized as instruments of religious fervor.

Some legislators have even cautioned Google against limiting the visibility of “anti-abortion centers,” which provide various health services but often exclude abortion. These centers also spread misinformation and intimidate women to ensure compliance with their ideologies.

Innovative legal strategies can challenge these lawmakers effectively. For instance:

Brandy Bottone, a 32-year-old from Plano, was stopped on June 29 for driving in a high-occupancy vehicle (HOV) lane without a second passenger, as reported by NBC-Dallas Fort Worth. When confronted by a deputy, she asserted that her unborn child was indeed a second occupant. “I pointed to my stomach and said, ‘My baby girl is right here. She is a person,’” she shared with The Dallas Morning News.

What other creative approaches can be employed?

Lawyers can devise test cases that stretch the limits of legal reasoning, potentially escalating to the Supreme Court, while inundating the system with extensive documentation.

Even the Founding Fathers recognized the importance of a litigious spirit. They understood how to burden the King’s administrative resources and knew how to make securing a guilty verdict a challenge for juries. They realized that juries could effectively nullify unjust laws.

In one respect, I find Justice Alito's perspective accurate—we must engage in persuasion and vote our beliefs. This is something we should have been doing even prior to the controversial ruling being issued.

When I observe the Red States with their legislative bodies imposing strict mandates on women to see their pregnancies through, I am reminded of the women who were enslaved in the Antebellum South. The forced reproduction of slaves by their owners comes to mind. Perhaps it would be beneficial to discuss this connection every election cycle.

It’s essential to highlight these parallels.

Write on.