On June 24, the Supreme Court did what millions of Right-wing Americans had wanted it to do for 49 years: Strike down Roe v. Wade, holding there is no longer a Constitutional right to abortion.
The opinion was the one that almost every American recognized, and set a huge precedent for revoking a right that had been enshrined in law since 1973.
It will unleash seismic changes in the United States unseen since, on May 17, 1954, the Court declared segregation illegal in Brown v. Board of Education of Topeka.
From now on, abortion rights will be determined by states. Half of these have already passed or will soon pass laws that ban abortion. Other states have enacted measures strictly regulating under what circumstances it can be legally performed.
Still other states have moved to strengthen their laws allowing the procedure.
“Roe was egregiously wrong from the start,” Justice Samuel Alito wrote in his majority opinion. “Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”
The Supreme Court
Actually, it was not Roe that “enflamed debate and deepened divisions” but the nearly 50-year campaign by the (largely Christian) Right to deny women control of their bodies.
For abortion foes, the Millennium has arrived. For its defenders, the United States has entered a new Dark Ages. Yet the war over abortion may well be far from over.
The states certain to ban or severely restrict the right to abortion are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, Wyoming.
Those states guaranteeing a woman’s right to abortion: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kansas, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington.
The following states do not ban or protect the right to abortion in their constitution: Indiana, Nebraska, New Mexico, Pennsylvania, South Carolina, Virginia.
At present, both abortion supporters and opponents assume that:
- Women seeking abortion in states where it is banned will have to flee to states where it is legally allowed; and
- Those states where it is banned will aggressively try to prevent those women from leaving to obtain an abortion, or punish them when they return.
Both of these assumptions—in many cases—may turn out to be wrong.
Why?
Because they both leave out the wild card in this ongoing war over reproductive rights: The 326 Indian reservations in the United States.
A Bureau of Indian Affairs map of Indian reservations belonging to federally recognized tribes in the continental United States
Reservations exist in states that ban abortion—and in those that permit it. For women seeking abortions in states where it is banned, these reservations may play a pivotal role in their ability to obtain that service.
The reason: The United States Constitution recognizes that tribal nations are sovereign governments, just like Canada or California.
That means that tribal governments can determine their own governance structures, pass laws, and enforce laws through police departments and tribal courts.
There are Indian reservations in the following states that will ban or severely restrict the right to abortion: Arizona, Florida, Idaho, Iowa, Louisiana, Michigan, Mississippi, North Dakota, South Dakota, Utah, Wisconsin, Wyoming.
Consider the implications of this for abortion-banning states:
- Arizona has 18 Indian reservations. One spans into Utah.
- Colorado has two, one of which spreads into Utah.
- Florida has two.
- Idaho has eight.
- Louisiana has three.
- Michigan has seven.
- Mississippi has one.
- Nevada has two which spread into Idaho and Utah..
- North Dakota has six.
- South Dakota has ten.
- Utah has seven.
A foretaste of what may be coming can be glimpsed in the history of gambling (euphemistically called “Indian gaming”) on Indian reservations.
The first Indian casino was built in Florida by the Seminole tribe, which opened a successful high-stakes bingo parlor in 1979. Other tribes quickly followed suit, and by 2000 more than 150 tribes in 24 states had opened casino or bingo operations on their reservations.
By 2005, annual revenues had reached more than $22 billion, and Indian gambling accounted for about 25% of all legal gambling receipts in the United States.
Millions of women are now threatened with forced pregnancy. And many lack the money to travel out-of-state to obtain an abortion. Thus, they will have strong incentive to travel within their home states—so long as there is an abortion-providing clinic on a nearby Indian reservations.
And there will be enormous financial incentives for reservations to provide such services.
Estimates of the number of illegal abortions in the 1950s and 1960s range between 200,000 and 1.2 million. Thanks to five Right-wing Supreme Court Justices, there will be no shortage of candidates for this procedure.
And the Constitutional status of Indian reservations as sovereign nations will protect clinics operating on their lands.
Of course, some states are moving aggressively to punish women who leave their borders to seek abortion elsewhere.
That is a topic to be dealt with in an upcoming column.
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THE WILD CARD IN THE ABORTION RIGHTS BATTLE
In Bureaucracy, Business, History, Law, Law Enforcement, Medical, Politics, Social commentary on June 28, 2022 at 12:10 amOn June 24, the Supreme Court did what millions of Right-wing Americans had wanted it to do for 49 years: Strike down Roe v. Wade, holding there is no longer a Constitutional right to abortion.
The opinion was the one that almost every American recognized, and set a huge precedent for revoking a right that had been enshrined in law since 1973.
It will unleash seismic changes in the United States unseen since, on May 17, 1954, the Court declared segregation illegal in Brown v. Board of Education of Topeka.
From now on, abortion rights will be determined by states. Half of these have already passed or will soon pass laws that ban abortion. Other states have enacted measures strictly regulating under what circumstances it can be legally performed.
Still other states have moved to strengthen their laws allowing the procedure.
“Roe was egregiously wrong from the start,” Justice Samuel Alito wrote in his majority opinion. “Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”
The Supreme Court
Actually, it was not Roe that “enflamed debate and deepened divisions” but the nearly 50-year campaign by the (largely Christian) Right to deny women control of their bodies.
For abortion foes, the Millennium has arrived. For its defenders, the United States has entered a new Dark Ages. Yet the war over abortion may well be far from over.
The states certain to ban or severely restrict the right to abortion are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, Wyoming.
Those states guaranteeing a woman’s right to abortion: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kansas, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington.
The following states do not ban or protect the right to abortion in their constitution: Indiana, Nebraska, New Mexico, Pennsylvania, South Carolina, Virginia.
At present, both abortion supporters and opponents assume that:
Both of these assumptions—in many cases—may turn out to be wrong.
Why?
Because they both leave out the wild card in this ongoing war over reproductive rights: The 326 Indian reservations in the United States.
Reservations exist in states that ban abortion—and in those that permit it. For women seeking abortions in states where it is banned, these reservations may play a pivotal role in their ability to obtain that service.
The reason: The United States Constitution recognizes that tribal nations are sovereign governments, just like Canada or California.
That means that tribal governments can determine their own governance structures, pass laws, and enforce laws through police departments and tribal courts.
There are Indian reservations in the following states that will ban or severely restrict the right to abortion: Arizona, Florida, Idaho, Iowa, Louisiana, Michigan, Mississippi, North Dakota, South Dakota, Utah, Wisconsin, Wyoming.
Consider the implications of this for abortion-banning states:
A foretaste of what may be coming can be glimpsed in the history of gambling (euphemistically called “Indian gaming”) on Indian reservations.
The first Indian casino was built in Florida by the Seminole tribe, which opened a successful high-stakes bingo parlor in 1979. Other tribes quickly followed suit, and by 2000 more than 150 tribes in 24 states had opened casino or bingo operations on their reservations.
By 2005, annual revenues had reached more than $22 billion, and Indian gambling accounted for about 25% of all legal gambling receipts in the United States.
Millions of women are now threatened with forced pregnancy. And many lack the money to travel out-of-state to obtain an abortion. Thus, they will have strong incentive to travel within their home states—so long as there is an abortion-providing clinic on a nearby Indian reservations.
And there will be enormous financial incentives for reservations to provide such services.
Estimates of the number of illegal abortions in the 1950s and 1960s range between 200,000 and 1.2 million. Thanks to five Right-wing Supreme Court Justices, there will be no shortage of candidates for this procedure.
And the Constitutional status of Indian reservations as sovereign nations will protect clinics operating on their lands.
Of course, some states are moving aggressively to punish women who leave their borders to seek abortion elsewhere.
That is a topic to be dealt with in an upcoming column.
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