Sunday was supposed to be the 50th anniversary Law vs WadeThe fact that we are commemorating an anniversary that will never happen already says all that needs to be said about the weird, spooky legal universe we live in now, and the weird, spooky world. .
egg It was never perfect. When it comes to the complex world of Reproductive Justice, it’s the floor, not the ceiling. It was always less.But egg, Including all its rattled trimester frameworks, and their descendants Casey, We’ve at least made a basement for all of our oozing subjective murmur tests. It’s a relatively specific set of guardrails that allow states, doctors, and pregnant people to make decisions about their lives. In intimate moments of personal violence, grievous illness, joy turning to sadness and worse.
egg Yes, we provided limited protection, but we promised clarity. This was by design. Nixon’s nominee, Judge Harry Blackman, ruled him 7-2 in the first. eggalways said the same Casey In 1992 it threatened its core tenets. Casey “In the 19 years since Law’s sentencing, the case has shaped more than reproductive planning.”[a]An entire generation has reached an age where they are free to accept Roe’s notion of freedom in defining women’s ability to act in society and make reproductive decisions. ”
One of the more ridiculed lines of Casey became Judge Kennedy’s liberal musing that “Liberty finds no refuge in the jurisprudence of doubt.” But in 2022, egg, Reversal of binding precedent, threat to threat staring decisionquiet end lemon Tests, shadow docket abuse, disregard for ethical rules, and unsolvable crimes in the High Court make it clear that we are all moving and trying to sort out our day-to-day affairs within the jurisprudence of doubt. I’m here. Maybe Judge Kennedy wasn’t alone in his supplies.
Not being able to find the leaker is part and parcel of this story.
Not being able to find the leaker is part of the story. The betrayal has been smashed by the judges, who entered the investigation on the basis of their own dishonorable honor, but unfortunately that remains a question. It would not be a coincidence to claim that Dobbs Opinions also approved investigations that could only point to clerks or employees. Investigators will seek the same zeal for accountability that has come to characterize the endlessly neglected “ethics” and “rules” of the current Supreme Court, and the same certainty and predictability as the current shape-shifting case files. demonstrated a commitment to Most important is the fiction that the nine judges have not been cracked down. The judge was questioned in investigating the leak, but was deemed not required to be asked to sign an affidavit. The public is being asked to trust that they are not suspected. The leak of opinion that created a nation of turmoil over reproductive rights and physical autonomy has thus become its own national narrative of turmoil over the court’s procedures, its policies, and its integrity. , bound by the indeterminacy rule of the High Court.
Therefore, it is not an anniversary egg seems like a great time to celebrate the non-event of DobbsDobbs’ majority argued that Dobbs’ rule was simple.It clearly returned the issue of abortion to the states to which it belonged. Dobbs There is now a regime of fear and uncertainty about what is legal, what is criminal, what is the exception, and who has the say (and who gets the bounty). Stories of doctors afraid to offer treatment, abortion providers afraid to stay in clinics, and pregnant women sometimes traveling from state to state while bleeding or waiting for sepsis to set in. comes out one after another. This new doctrine of doubt will kill, harm and threaten lives.and the bottomless questions posed afterwards Dobbs—About interstate travel, about free speech and advocacy, about federal priorities? who really knows? Wondering if your child can take a pregnant girlfriend from college to an out-of-state clinic? Are you trying to determine if a pharmacist can refuse to provide emergency contraception or methotrexate to treat a chronic condition? Who can say?
This uncertainty, this chaos, and this pain pushes everything underground, out of the light, into the darkness where women’s health and safety were shattered decades ago. egg.
This uncertainty, this chaos, and this pain pushes everything underground, out of the light, into the darkness where women’s health and safety were shattered decades ago. egg. Its powerlessness—the need to rely on whisper networks and health care providers and the repression of prosecutors—was the antithesis of freedom. eggNow we are back there trying to figure out whose rights still exist, in which states, who will be investigated and who will be prosecuted. am.
Of course, it wasn’t just about abortion. eggAs Dorothy Roberts continues to warn us, it’s contraception, adoption, and parenting itself. As states investigate those who have miscarried or who seek and provide information to terminate pregnancies, they will begin to understand what the limits of regulating and punishing motherhood really are. , as states change lanes almost every week, beyond the current law to what the law will be soon. We are in constant uncertainty about how things will continue to unfold thanks to the overwhelming majority of judges who have shown they can disregard precedent and wait and see what happens next. Living in Sex.After Roe, the list of questions on the docket begins and ends with marriage equality. As Justice Breyer wrote in one of her 2019 dissenting opinions, “Today’s decision leaves us wondering which case the court will dismiss next.” This is what we don’t know.
For centuries, men have benefited from the jurisprudence of certainty, while women and vulnerable people have done their best to navigate the jurisprudence of doubt. We were told to trust that the legislators would protect us. For centuries, women and vulnerable people have fought to reverse that power imbalance. Rules for you, the power to answer no one for rulemakers.
It may be ironic that we don’t know who leaked the information. Dobbs The opinion is that the court claims it cares deeply, but doesn’t want to know it. am.People living in an unresolved legal system where precedent, predictability and order are lost and replaced by outcomes that have not yet been decided feel entitled to an explanation from the courts as to who stole the documents. In an unprecedented national betrayal that became part of another unprecedented national betrayal called DobbsNo anniversaries, no investigations, national jurisprudence on growing uncertainty — that’s America’s new rule. law.
