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

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

Pro-Choice Friday News Rundown

  • Arizona Republican Don Shooter has been expelled from the state Legislature over years of sexually harassing women. Good riddance to bad rubbish. (AZ Central)
  • It’s so nice to be able to report that the useless and arbitrary 20-week abortion ban being peddled by Republicans failed in the Senate! Republicans run every branch of government but, embarrassingly, continue to lose their battles. (Politico)
  • In the post-#MeToo era, it is crucial that children learn not just about their bodies and hormones, but about safety, consent, and healthy relationships. These are all topics that should be part of a compassionate, fully comprehensive sexual education program for all children. (Chicago Tribune)
  • The Virginia Senate agrees: They just passed legislation to require high schools in Virginia to include consent in their curriculum. (The Breeze)
  • Good news: A federal district court on Monday blocked a Texas measure that would require health care providers to bury or cremate embryonic or fetal tissue from abortions, miscarriage, or treatment for ectopic pregnancy. (Rewire)
  • Bad news: STD cases among people 55 and older are on the rise here in Arizona. (Fox 10)
  • If you’re relying on an app for birth control, please read this! (Self)
  • There is a growing underground movement of people across America who have taught themselves to help women terminate pregnancies without a doctor. How sad that this is even necessary 45 years after Roe v. Wade. Is this what we want for women? For them to have to go “underground” and risk life and limb in order to have access to a legal medical procedure? Do we realize that is what we’re fostering in this country by making it impossible for women to end unwanted pregnancies? This breaks my heart. (Mother Jones)
  • Three civil rights organizations have filed a lawsuit against Education Secretary Betsy DeVos for rolling back protections for students who report sexual assault. (Huff Po)
  • A question any thinking person should be asking: Why does it cost $32,093 just to give birth in America? (Guardian)
  • Could Ireland, one of the most anti-abortion countries in Europe, be close to decriminalizing abortion? (NY Times)
  • The Trump administration officials in charge of the Office of Refugee Resettlement were so set upon forcing an undocumented teen to give birth against her will, they worked themselves into a crazed lather contemplating ways to “reverse” the termination of her pregnancy, which was already in progress. (Vice)
  • Could a toxic plant really be the precursor to an effective male birth control option? (Gizmodo)
  • Get a load of this malarkey: A recent focus group on abortion views shows anti-abortion respondents seem to believe that men understand abortion better than women and that women who have abortions are unintelligent and irresponsible. When asked whether men whose partner was having an abortion understood that it was ending a potential life, 51 percent of abortion opponents said yes. But when asked if women getting abortions understood the procedure, only 36 percent of anti-choicers agreed that a woman knows what she is doing. Abortion foes were also more likely to say they were more comfortable when women were housewives instead of seeking careers.

    Always remember: This is what people who don’t want women to control their bodies and lives think of us. They hold the sincere belief that we lack basic intelligence and the ability to think critically. They think we are inferior to men and that we have no value outside of some man’s kitchen. Gag me. (Salon)

Pro-Choice Friday News Rundown

  • For the last month and a half, the cruel degenerates of the Trump administration have tried to block Jane Doe, a pregnant, undocumented 17-year-old, from obtaining an abortion. This has honestly been such a heartbreaking story to follow. A little background on her story: Jane (from Central America) attempted to cross the U.S. border into Texas by herself. Before she left, according to reports, she allegedly watched her parents beat her older sister after learning she was pregnant, hitting her with cables and firewood until she miscarried. After being apprehended by immigration officials and taken to a refugee shelter, Jane Doe learned she, too, was pregnant. Unfortunately, because she’s a minor without parental consent, she needed to petition a judge in order to terminate her pregnancy. With the help of an attorney, she obtained permission from the judge but was then refused transport to the medical facility by the Office of Refugee Resettlement — now run by a controlling, anti-choice zealot installed by the Trump administration. For the last seven weeks, she has been at the mercy of these cretins, with her pregnancy advancing against her will. After myriad legal steps, she was finally granted an abortion on Wednesday morning. In summing up this story, I must highlight the words of the author of this piece: “It’s sickening that a helpless teenager, who traveled unknown miles seeking safety, has been denied medical treatment because the U.S. government sees her fetus — and not her — as ‘a child in our care’ deserving of full legal protection.” Sickening indeed. (Broadly)
  • Congresswoman Pramila Jayapal (D-WA) let Scott Lloyd (the current director of the Office of Refugee Resettlement) have it on the matter of Jane Doe. Get ’em Pramila! (The Opposition)
  • Speaking of Scott Lloyd, this utter asshat has suggested in multiple opinion articles that women receiving contraception through federal funding should have to sign a “pledge” promising not to have an abortion and that the Supreme Court’s rulings on abortion infringe on men’s “right to procreation.” Is this punk serious?? (Buzzfeed)
  • Vice interviewed Jane Doe about her ordeal and what it’s been like to have her body be at the mercy of the U.S. government. (Vice)
  • Jane Doe also wrote a powerful open letter that I think should be required reading for everyone. I hope with every fiber of my being that this brave girl will have a bright future. (Jane’s Due Process)
  • This list of the “most sexually diseased states in the U.S.” puts Arizona at No. 19. Obviously it’s not great to be in the Top 20 but at least we’re not No. 1. That distinction goes to Alaska! (Backgroundcheck.org)
  • I have to be honest about how personally devastating it is to type this sentence: “Never in its history has the nation’s family planning safety net been in such jeopardy as it is today.” (American Journal of Public Health)
  • And to compound upon that, please be aware that the GOP is now looking to potentially ban abortion at 6 weeks — which is well before many women even KNOW they’re pregnant. Ugghhhh! (Refinery 29)
  • Speaking of the GOP, ever wonder when they’ll just cop to the fact that they just plain don’t think women should be sexually active? (Marie Claire)
  • I’ve talked about maternal mortality quite a bit in these rundowns over the years, but this even surprised me — “Data collection on maternal deaths is so flawed and under-funded that the federal government no longer even publishes an official death rate.” (ProPublica)
  • I’m not sure if we have any readers in Massachusetts but if so — beware of the fake clinic trying to trick you into believing they provide abortions. It’s a cruel trick and they must be stopped. (Rewire)