The Kennedy Retirement and the Radicalizing of the Supreme Court

Protesters swarmed Washington, DC, to voice their opposition to Brett Kavanaugh.

When Justice Anthony Kennedy announced his retirement from the Supreme Court, alarms went up about overturning Roe v. Wade, which would make abortion once again illegal in many states. As shown in Whole Woman’s Health v. Hellerstedt, in which Kennedy provided the decisive fifth vote overturning Texas’ draconian laws limiting abortion access, one justice can preserve the right to abortion. But Kennedy also voted with the majority in Planned Parenthood v. Casey in 1992, when the Supreme Court upheld a state’s right to impose extra requirements — mandatory counseling, waiting periods, etc. — on those seeking abortions. So, while he was willing to curtail access, he never was willing to overturn Roe v. Wade altogether.


In Brett Kavanaugh’s twisted worldview, paperwork is the true burden, while an unwanted pregnancy is not.


But Kennedy was the last independent conservative on the Supreme Court. Anyone Trump nominated was going to be on the far right because he was using the Federalist Society’s list compiled by Leonard Leo. Not quite a kingmaker, but definitely a justice-maker, Leo is also responsible for Justices Roberts, Alito, and Gorsuch.

But some on the right have some doubts about Kavanaugh. In response, the National Review emphasizes Kavanaugh’s judicial defense of “religious freedom.” (Nothing shows the real danger Kavanaugh poses like pundits on the far right reassuring other conservatives.) They lauded Kavanaugh’s ruling in favor of the Trump administration in the case of Jane Doe, the teenage immigrant the Department of Health and Human Services (HHS) tried to stop from having an abortion, as “the latest in a long, unbroken line of consistent decisions on issues of religion and abortion.” Continue reading

Sons Speak About Mom’s Abortion

“Mom, did you ever have an abortion?” It’s a simple question. Karen Thurston’s sons, Kevin and Stephen, never asked. Why would they? What would possibly make them even think to ask?

Thurston Family

Karen Thurston and her sons Kevin (left) and Stephen. Photo taken the day Karen told them about her 1973 abortion, courtesy of Karen Thurston.

On the flip side, why did Karen never speak to her sons about her teenage experiences with abortion care? Because, for decades, Karen heeded the advice of her father, who had arranged for her 1973 procedure when she was just 13: “You must never, ever, as long as you live, tell anyone you had an abortion, not even your husband when you are grown.”

In 2013, though, she did tell her sons, and now tells her story forcefully, publicly, and with great compassion to chip away at the stigma associated with abortion care.

Consider now Kevin’s and Stephen’s reactions:

Kevin: I first learned of my mom’s abortion story when I was 23 years old. My mom asked me if it would be possible for the two of us to fly to Pittsburgh and meet my older brother there for dinner. My brother and I could both tell that this wasn’t just a whimsical get-together; there was something she wanted to talk about. That’s when she shared her story. We could tell it really pained her. Not only was the story difficult to tell on its own, but she was clearly afraid of our reaction. Even after raising us our whole lives, after being closer to us than anyone we’d ever known, she didn’t know if she could trust us to understand, and I think that speaks to how cruel stigmatization is. It is so isolating for women who’ve made that choice that they do not even see allies in their families or the children they do go on to raise. Continue reading

Women Against Forced Breeding

Justice for Jane demonstration. Photo: Karen Thurston

Why are these women, awash in a sea of “pink slips,” all of whom have had abortions, standing on the steps in front of the Department of Housing and Urban Development in late February 2018, demonstrating live on YouTube? Why are they demanding the firing of the director of the Office of Refugee Resettlement, Scott Lloyd, the bureaucrat who forces young women to breed against their will?

Why are we protesting? Because we are not having it! And neither is Sen. Patty Murray, who took to the floor of the Senate to amplify our views, pointing out that, once again, our government has overstepped its authority, ignored the rule of law, and allowed one man’s ideology and/or religion to determine the rules for women in his custody. And neither is the House Pro-Choice Caucus having it, as members lined up soon after the protest to sign a “pink slip” to terminate Lloyd.

House Pro-Choice Caucus members Zoe Lofgren, Diana DeGette, and Jerrold Nadler sign “pink slip” to terminate Scott Lloyd. Photo: @RepJerryNadler

Here is the latest story in the long line of stories about our government’s disrespect for women.

Teenager Jane Doe escaped an abusive Salvadoran family and entered the United States as an undocumented, unaccompanied minor. She was detained in Texas and placed in the custody of the Office of Refugee Resettlement (ORR), which is responsible for sheltering these youth. When she discovered she was pregnant she asked for an abortion. So, imagine Jane, alone in a foreign country, uncertain of her immigration prospects, but holding onto dreams for a better future for herself. Unfortunately for her, the ORR is headed by an ideologue named Scott Lloyd. Continue reading

2018: A Quick Look at What’s Ahead

The following guest post comes to us via Kelley Dupps, director of public policy for Planned Parenthood Advocates of Arizona.

We made it! We’ve survived a year under a regime keen on dismantling democracy, marginalizing many of our most vulnerable neighbors, and draining the swamp. Apparently, the swamp has been drained to release some of its inhabitants to serve as cabinet secretaries, presidential advisors, and political appointees. Despite the abuses to our civil liberties we endured on a weekly — even daily — basis, we have one good thing to say: This administration’s ability to galvanize the grassroots of the Resistance is impressive, and 2018 is poised to be another cage match of democratic ideals against despotic rhetoric.

The Trump Administration’s first year has been a whirlwind in which we found ourselves focused on survival, protecting our most vulnerable, and fighting back; and a quick assessment would show success on each front. From the millions of calls and emails generated to protect the Affordable Care Act (Obamacare); to Jane Doe’s legal victory to obtain an abortion while in ICE custody; to the millions who marched for women, science, truth, and the environment. So 2018 is all set for some intense campaigning as we head into midterm elections and weather attacks from a misinformed opposition, but look forward to some much-needed victories in November! Continue reading