Friday, May 22, 2026

How The Radical Right Goes Off The Rails In Its Anti-Abortion Crusade

 


                Protesters confront their post-Roe fate after SC abomination

With the SC 'shadow docket' order late Thursday, May 11th,  staying the extremist 5th Circuit Court of Appeals ruling to block mifepristone from distribution by mail, American women can now breathe a sigh of relief.  They can now continue to receive this abortion pill by U.S. mail without interference by the Xtian Right's renegades who want to shut down all access to abortion - which had been guaranteed until the Dobbs SC decision in 2022.

Though the WSJ editors bitched about progressives' "silence on the court's use of the shadow docket" ("more about politics than the law"), this was just blowing hot air by the Journal editors. John Oliver thoroughly skewered the use of that SC device in this delivery the following Sunday night:


The fact, however, is that mail distribution of mifepristone is still on life support, and there is no assurance women will be able to continue to access it. After all, the Supremes' conservos - excepting the usual two renegades (Thomas and Alito) - never gave any reasons for their decision to stay the lower court (5th circuit) order.   Besides, the core objection (of the SC conservo majority) still remains: that abortion violates the "personhood" of the fetus.

 Let's leave aside for the moment the fact that no sane person in his or her right mind can possibly regard a "zygote" as a person, or a fetus as an "unborn child". There is simply no standard by which that passes even elemental laws or tests of logic, or science.  A child cannot be "unborn" because by definition it is already born!  Thus, we send the 'child' to school, to take his medicine and so on. If unborn, it's a fetus, not a "child". Don't these ignorant twits know any better?

Meanwhile, a person, a human person, must have at least minimal capacity for basic cognition and rudimentary choice. It must possess a brain, at the very least, which evinces definite brain waves. Anything that doesn't is a quasi proto-human entity, but clearly not a person. The logical error made is called the "genetic fallacy" as first pointed out by Antony Flew in his marvelous monograph, 'Thinking About Thinking'. . That is, arguing that because a thing is going to become something, it IS something. It would be like me picking up an acorn and claiming it's an oak tree. Nope. No way.

Then there is the aspect of unintended consequences.  Consider here, that if Alito's brainchild of "fetal persopnhood" is ultimately confirmed the destruction of ALL fertilized eggs is outlawed .  Then that would mean wholesale banning of all birth control devices as well as Mifepristone. For example, it would ban the use of all IUDs, or intra-uterine devices, by virtue of the fact that while they permit fertilization they impede the attachment of the fertilized egg to the uterine wall. Hence, any woman using one would -by the letter of the law- be eligible for imprisonment, perhaps up to five years or more. The morning after pill would also be criminal to use, because its primary benefit is to interfere with the fertilization. The pill delays ovulation or thickens cervical mucus to prevent sperm from reaching the egg, meaning that fertilization can't occur. (In one 2014 Colorado personhood amendment it was condemned as 'premature murder')

Examples cited for the original Colo. amendment, included:

-        -In 2004, Melissa Ann Rowland was charged with murder in Utah after one of her twins was stillborn. Doctors had warned her to get a C-section and she refused. She eventually received 18 months probation for the lesser counts of child endangerment.

-      - In 2009, Samantha Burton showed signs of premature labor at 25 weeks pregnant. Her doctor found she wasn’t in labor  but refused to allow her to leave a Florida hospital for a second opinion and obtained a court order requiring Burton to undergo all medical procedures the doctor advised. The baby, which was then removed by C-section, was stillborn. Only later did a higher court agree the woman’s rights were violated.

-      -  In 2010, Christine Taylor fell down the stairs after feeling lightheaded. After confiding to a nurse she considered abortion at one point in her pregnancy she was arrested for attempted suicide.   

           - In October, 2021, Brittney Proclaw was charged with feticide after a medical examiner found traces of meth in the liver and brain of her miscarried fetus.

       This sort of  religio-political insanity - inanity is possible when the promoters (like the misguided whitey females shown below - after the SC overthrow of Roe:


    
don't grasp the basics of principled ethics. Fortunately, Cheryl Mendelson - former Ethics professor -  does, which is why she has written ('The Good Life', p. 157):

    "The premoral mind confuses the disgusting with the wrong and retains an infantile fear of things sexual. Its rationality is overcome by emotion, fantasy, wish and projection. The belief that extracting a 10-week fetus from a woman's womb is murder rests to a large extent on the sense of disgust aroused by the thought of destruction of living tissue.


"When fundamentalists insist on risking the life of the mother to deliver an anencephalic fetus they take this tendency to an extreme. People who think this way are unable to override disgust with rational appreciation of the objective characteristics of the fetus. The ability to do so is an indispensable trait of the moral mind."

In other words, the basis for a truly moral mind presumes the capacity for rationality to assess choices objectively - as opposed to emotively.  This is something I've written about a number of times before.  Mendelson again (p. 159) reminding the zealots how often nature aborts:

"Nature sloughs off early pregnancies at a high rate and we do not hold funerals for these embryos and early fetuses.  As many as 60 to 70 percent of fertilized eggs are lost overall, usually silently - without anyone ever knowing fertilization took place. Up to 15 percent of known pregnancies miscarry in the first trimester. Were we to take seriously the morbid pseudo-moralism of the fundamentalist Right, we would recognize these countless millions of miscarried embryos and fetuses as lost lives and be sunk in a vast and permanent sea of endless mourning for the unending deaths of innocents."

Why don't the anti-abortionists have this endless mourning for the dead embryos, fetuses? Well, first - because there are too many and they'd never have an end to funerals or morbid grief - as Mendelson points out. Second,  because the premoral mind only makes a federal case out of it when individual women are seen trekking to Planned Parenthood for abortions!  IF those were carried out silently, discreetly in private (like nature does),  say using an abortion pill-  none of this would be known and no anti-abortion hysteria could exist.  Mendelson also goes on to make a point regarding the false moral righteousness of those like Alito, e.g. Mendelson,p. 160.

"To equate the termination of an early pregnancy with the death, indeed the murder, of an infant or child is not merely morally uncalled for but dangerous. It implicitly demeans the value of real people's lives, both adults' and children's, and confuses the reasons why we protect them so vigilantly. If our moral obligations to one another are abstracted from our capacities for feeling, thinking, intending and wanting - from everything that makes us human and forms the ground for our care and protection of each other- we are thrown back into a premoral kind of thinking.

To regard the destruction of insensate agglomerations of cells that contain human DNA as the destruction of a person's life is to step outside the moral into the brutal and dangerously irrational kind of thought that substitutes taboo for reason. It is a regression to quasi-magical thinking."


But this is exactly the 'doctrine' of fetal personhood is total twaddle. It is morally reprehensible,  garbed in false piety, and subject to overzealous prosecution of millions of innocent women.  What will it take to get these fanatics - like the women shown protesting abortion- to see the light?  It will take acceptance of the fact that neither the fertilized egg, embryo or fetus are "ensouled" or "sacred" entities.  They are simply early biological manifestations of another primate species on one planet.  In view of all this, Mendelson's final words are perhaps most trenchant:

"Do those people who oppose abortion or contraception on the basis of religious tenets have the right to impose their religious views on people who reject them?  

 The moral answer, emphatically, enshrined as law in the United States Constitution, is no. People are within their rights to attempt to persuade others to adopt and live by their religious ideas but not to force them to do so using laws and the power of government."

More apropos and relevant words have not been spoken.  But whether any of the pro Life hypocrites inLousiana - or other former Confederate states -  will respect them is another matter.  For now women should perhaps stockpile as many bottle of Mifepristone as they can in case the Supreme Court allows the Louisiana order prohibiting distribution to stand - say next month.

See Also:

by Thom Hartmann | May 20, 2023 - 7:57am | permalink

— from The Hartmann Report

You’ve probably never heard of Anthony Comstock, a Civil War Union soldier and New York Postmaster, who died in 1915. You need to learn about him and his legacy, however, as his long fingers are about to reach up out of the grave and wrap themselves around the necks of every American woman of childbearing years.

Anthony Comstock was a mama’s boy who hated sex. His mother died when he was 10 years old and the shock apparently never left him; women who didn’t live up to her ideal were his open and declared enemies, as were pornography, masturbation, and abortion. He was so ignorant of sex and reproduction that he believed a visible human-like fetus developed “within seconds” of sexual intercourse.

And:

by Amanda Marcotte | April 12, 2023 - 7:18am | permalink

— from Salon

The most crucial thing to understand in the aftermath of Friday's decision to rescind the FDA approval of Mifepristone by Donald Trump-appointed Judge Matthew Kacsmaryk is this: It is not a ban on medication abortion in the U.S. Pill-induced abortions will still be available, even if this decision is allowed to stand. They will continue to be safe. But aborting a pregnancy without Mifepristone will just be a more miserable experience than it was before the far-right district court judge ignored all law and science to impose his anti-choice ideology on the health care access of millions of Americans.

And:


Could Revival Of An 1873 Law Really Make Medicated Abortion Illegal Nationwide Now?

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