The Taliban has now resurfaced in Texas, thanks to a fascist Supreme Court that has allowed an illegitimate Texas abortion law to pass, overturning 50 years of precedent. As of September 1, this misbegotten law bans abortions after six weeks, before most women even know they are pregnant. The Supreme Court has ultimately allowed Roe v. Wade to fall in the state of Texas. There'd be no difference - let us note - if the Taliban had actually taken over Texas.
As Janice put it, what we are seeing is the rise of a theocracy in Texas, that even the odious Taliban would be proud of. And behold the Supreme Court have become the accomplices of this Texas Taliban by not blocking a "law" that clearly violates the Constitution.
It gets worse: This law is designed to permit any individual or organization in the country to sue Texans who help people access abortion care. States are usually responsible for enforcing anti-abortion laws, but S.B. 8 was written to rely on individuals to enforce the law in an attempt to shield it from the federal courts and questions of its constitutionality.
S.B. 8 puts a $10,000 bounty on anyone that helps someone obtain an abortion in Texas, including doctors who provide care, counselors and clergy members, family, friends or even rideshare drivers. Thus, anyone can be "deputized" as an instant enforcer or vigilante. Thus, given the law is supposed to be enforced by everyday citizens, there’s no single Texas official whom abortion rights advocates can sue to block the law, as they typically would in such cases.
We are already hearing that clinics in Texas have canceled appointments, leaving people with few options but to travel outside of the state to receive care -- if they can even do that. Again, little difference - other than possible beheading of abortion providers- had the actual Taliban moved into the Lone Star state and took over.
The thing that most enrages Janice - and I share that outrage - is there are no exceptions for rape or incest. Exactly the same outcome you'd expect under a Taliban governance. The clear response for now - an immediate and powerful one- would be to follow Elie Mystal's advice on ALL In last night: Joe Biden issues an executive order for federal marshals to accompany any woman desiring an abortion in TX to go a clinic. Federal troops could also be called in to protect providers. The basis? Invoke "qualified immunity" - so often used to protect cops and CIA agents. In this case, use it to make Texas abortion providers federal officials who will have qualified immunity—operating under the federal government's authority and protection.
Another solution, somewhat similar, has been offered by Jennifer Rubin:
My own suggestion is less dramatic: organize and call for major boycotts of all state products, and then go on an all -out strike - every critical worker in every Texas city, town. Texan authorities have to be brought to their knees pronto and this is the only way I see to do it. And yeah, there may be some collateral damage. But the worse offense is allowing a fascist violation of the Constitution to stand.
A more long term solution is to pack the Supreme Court with at least three more liberal justices, e.g.
by Joan McCarter | September 2, 2021 - 7:06am | permalink
As for the women of Texas, many of them will get abortions despite the new law, either by crossing borders or by purchasing abortion pills on the internet. This is a certainty.
Meanwhile, the 'pro-life' hypocrites of the anti-abortion side will continue to ignore those already born - their nutrition, health and welfare- in favor of the rights of unborn protoplasm.
See Also:
by Norman Solomon | September 8, 2021 - 6:26am | permalink
And:
by David Cattanach | September 2, 2021 - 8:28am | permalink
And:
by Cody Fenwick | September 2, 2021 - 6:48am | permalink
And:
by Jaime O’Neill | September 2, 2021 - 6:41am | permalink
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