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Posts Tagged ‘SAMUEL ALITO’

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 am

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.” 

U.S. Supreme Court building-m.jpg

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.

WHEN FASCISTS BECOME TARGETS

In Bureaucracy, Entertainment, History, Politics, Social commentary on May 9, 2022 at 12:10 am

In 1942, two British-trained Czech commandos assassinated SS Obergruppenführer (General) Reinhard Heydrich.

A tall, blond-haired former naval officer, he was both a champion fencer and talented violinist. Heydrich joined the Schutzstaffel, or Protective Squads, better known as the SS, in 1931, and quickly became head of its counterintelligence service.

Reinhard Heycrich

In September, 1941, Heydrich was appointed “Reich Protector” of Czechoslovakia, which had fallen prey to Germany in 1938 but whose citizens were growing restless under Nazi rule.

Heydrich immediately ordered a purge, executing 92 people within the first three days of his arrival in Prague. By February, 1942, 4,000-5,000 people had been arrested.

In January, 1942, Heydrich convened a meeting of high-ranking political and military leaders to streamline “the Final Solution to the Jewish Question.”  

At the now-infamous Wannsee conference, Heydrich decreed that, henceforth, all Jews in Reich-occupied territories would be shipped to extermination camps. No exceptions would be made for women, children or the infirm.  

An estimated six million Jews were thus slaughtered.

Returning to Prague, Heydrich continued his policy of carrot-and-stick with the Czechs—improving the social security system and requisitioning luxury hotels for middle-class workers, alternating with arrests and executions.  

The Czech government-in-exile, headquartered in London, feared that Heydrich’s incentives might lead the Czechs to passively accept domination. They decided to assassinate Heydrich.  

Two British-trained Czech commandos—Jan Kubis and Joseph Gabcik—parachuted into Prague. 

Unexpectedly, they got help from Heydrich himself. Supremely arrogant, he traveled the same route every day from home to his downtown office and refused to be escorted by armed guards, claiming no one would dare attack him.

On May 27, 1942, Kubis and Gabcik waited at a hairpin turn in the road always taken by Heydrich. When Heydrich’s Mercedes slowed down, Gabcik raised his machinegun–which jammed.

Rising in his seat, Heydrich aimed his revolver at Gabcik—as Kubis lobbed a hand grenade at the car. The explosion drove steel and leather fragments of the car’s upholstery into Heydrich’s diaphragm, spleen and lung.

Hitler dispatched doctors from Berlin to save the Reich Protector. But infection set in, and on June 4, Heydrich died at age 38. 

The assassination sent shockwaves through the upper echelons of the Third Reich. No one had dared assault—much less assassinate—a high-ranking Nazi official.

Nazis had slaughtered tens of thousands without hesitation—or fear that the same might happen to them. 

Suddenly they realized that the fury they had aroused could be turned against themselves.

Adolf Hitler introducing his new cabinet, 1933

Members of the Nazi government

Which brings us to the leaders of America’s own Right-wing.

The names of infamous Nazis were widely known:

  • Reichsmarshall Hermann Goering;
  • Propaganda Minister Paul Joseph Goebbels;
  • Deputy Fuhrer Rudolf Hess;
  • Propaganda Film Director Leni Riefenstahl;
  • SS-Reichsfuhrer Heinrich Himmler;
  • “Hanging Judge” Roland Freisler;
  • Architect Albert Speer;
  • Foreign Minister Joachim von Ribbentrop;
  • SS Obergruoppenfuhrer Reinhard Heydrich; and
  • The most infamous Nazi of all: Adolf Hitler.

And so are the names of the infamous leaders of the American Right: 

  • Senate Minority Leader Mitch McConnell;
  • Supreme Court Justice Amy Coney Barrett;
  • Texas Senator Ted Cruz; 
  • Supreme Court Justice Clarence Thomas;
  • Commentator Tucker Carlson;
  • Supreme Court Justice Neil Gorsuch;
  • Evangelist Franklin Graham;
  • Supreme Court Justice Brett Kavanaugh;
  • Florida Senator Marco Rubio;
  • Supreme Court Justice Samuel Alito; 
  • Florida Governor Ron DeSantis; and
  • The most infamous Right-winger of all: Former President Donald Trump.

The difference between these two infamous groups is this:

In Nazi Germany, ordinary Germans could not learn about the personal lives of their dictators—including their home addresses—and to conspire against them.

In the United States, ordinary citizens have an array of means to do this. They can turn to newspapers, TV and magazines. And if that isn’t enough, “people finder” websites, for a modest price, provide addresses and names of relatives of potential targets.

In Nazi Germany, firearms were tightly controlled. In the United States, the Right’s National Rifle Association has successfully lobbied to put lethal firepower into the hands of virtually anyone who wants it.

Which brings us to the firestorm now erupting over the publication of an initial draft majority opinion of the Supreme Court. Backed by the Court’s five Right-wing Justices, it overturns the 1973 Roe v. Wade decision legalizing abortion.

The Supreme Court: The Judicial Power of the United States | NEH-Edsitement

The Supreme Court

In one to two months, millions of women will likely become victims of Right-wing anti-abortion fanaticism.

According to the Center for Reproductive Rights, 23 states will institute bans, with trigger laws on the books in 13 of them. These are bans designed to take effect if Roe is overturned.

Republicans boast that they want to “get the government off the backs of the people.” Yet since 1973 they have furiously tried to re-insert it into the vagina of every American woman.

Interfering with the right to obtain medical care—especially when it applies to sexually-involved matters—is an act guaranteed to arouse fury in even the most pacifistic men and women. 

This is especially true when a political party—such as that of the Nazis and Republicans—makes clear its intention to rule by force, rather than by public consent.

Reinhard Heydrich believed himself invulnerable from the hatred of the enemies he had made. That arrogance cost him his life.

The day may soon come when America’s own Right-wingers start learning the same lesson.

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