Showing posts with label SCOTUS. Show all posts
Showing posts with label SCOTUS. Show all posts

Sunday, January 7, 2024

And now for a word from our sponsor....

 

As I write this, Donald Trump is still the presumptive GOP nominee for the 2024 presidential election.  By the time you read this, the US Supreme court will likely have ruled on Colorado's judgement that he participated in an insurrection against the government of the United States, and is ineligible to be on the state's GOP primary ballot. I support Colorado's court action, as the closest to the White House that Trump ever should be is as a protestor in Lafayette Park. Sadly, the violence his words provoke in the lunatics that support him has already started: The justices on Colorado's court are already getting death threats. 

But what does this mean to the average transgender person?

The MAGA mob is like a large group of bovines being stampeded.  They want to live in their ideal world: the America of the 1950's , a fantasy which would be a dystopia for us.  The LGBT community would be persecuted, the black community would again suffer under Jim Crow (separate and unequal), and all other non-white and non-Christian peoples would be silenced.  And even if this happened, things would get worse.  Governments under strongman regimes eventually fail - and usually disastrous for the people who live under those regimes.

Political pundits are saying that the US Supreme Court should duck the issue and overrule the Colorado Supreme Court in the narrowest of ways, allowing Trump to be on the primary ballot and preserving the armistice between the MAGA mob and civilized Americans. I think this would be a big mistake, as the MAGA mob is intimidating the "sane" members of the GOP, forcing them to leave their party.  Instead, the US Supreme Court (SCOTUS) should take the issue head on and rule against Trump, saying that the 14th amendment is self effecting.  If a state says that Trump is an insurrectionist, then he is ineligible to be on the ballot and ineligible to serve in any public office.  This would give the non-MAGA GOP members cover to nominate people other than those from the MAGA mob to public office AND give the party a chance to be a national party again, instead of one that has support mostly in rural areas.

If SCOTUS were to rule in favor of the traditional GOP loyalists that brought this suit, I expect no less than a 5-4 ruling in favor of keeping Trump off the ballot.  (I have my doubts on Justice Thomas and the 3 Trump nominated members.)  I will be very surprised if it is a 9-0 ruling.  The Colorado court's ruling was written in a way that justices Kavanaugh and Roberts would be hamstrung in trying to overturn their ruling. 

However, I expect that SCOTUS will duck the issue and hope that they don't have to rule on this issue again.  They may feel that given the political polarization we have today, that it may be wiser to let the people make their decision at the ballot box.  But this would be the wrong decision to make, as the constitution prohibits Trump, and the ex-Confederate officers before him from holding office.  If he wants relief, it may only be given by congress, where 33 &1/3% is elected to the Senate and 100% is elected to the House on election day.  Since the new congress takes office before the president, they could rehabilitate Trump if elected, but unable to take office on January 20th.  But then, MAGA people do not believe in elections that do not deliver the results they want....

 

Monday, May 16, 2022

Settled Decisions?

 

Looking at the picture above, many of you can guess what today's topic is all about.  The symbolism is important, as Roe v. Wade was considered a "settled decision" until now.  With the leak from the Supreme Court, it looks like the radical right is about to go on the offensive against civil rights - and that includes rights previously recognized as also belonging to the LGBTIQ community.

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Although I am pro choice, it is not because I like abortion.  Instead, I believe that people who do not have skin in the game of carrying a fetus to term should not be telling women what to do with their bodies.  There are many good reasons why a woman might choose to abort a fetus, such as Rape and Incest.  Why should a woman carry a fetus to term when she had no authority in the process of getting pregnant?

There are better ways of reducing the number of abortions in the Red States than an outright ban.  Some European nations have lower rates of abortion than we have, as they have better sex education than we have, and reliable birth control is cheap and easy to access - something which has not always been the case in the USA.  The only thing a ban will do is cause middle class women to take "weekend vacations" to "Blue States" for their abortions, while poor women get stuck with all the headaches of delivering unwanted fetuses to term.  Will these women keep the children or give them up for adoption?  I can see a future where White babies are adopted, while Black and Latino babies are left for foster parents to raise until the kids are 18.  Will these unwanted children get adequate love and parenting?  Given what we're seeing today, I think things will be much worse for these children yet to be born.

In the end, the argument about the legality of abortion will always be about when society considers the life potential of a fetus worth protecting.  Christendom once had the idea of the "Quickening".  Islam had the idea of "the Moment of Ensoulment."  Both took place well after conception.  The ancients understood that viable life had to be protected, but they also recognized that protection need not be given until that life (fetus) had proven itself viable.  I respect those women who would carry a fetus to term, even though it is inconvenient for them.  One of those women was a former girlfriend of mine in her childbearing years.  

Given that abortion had already been severely restricted (and otherwise made hard to get) in the Red States, I don't expect to see much change after the Supreme Court makes its decision official.  But what will happen to other "Settled Decisions"  Will Same-Sex Marriage be next?  What about Transgender Rights?  Our rights are relatively new, and easy to undo.  It is time for us to help Cisgender women preserve their rights to control their own bodies, lest the Radical Right gets the ability to aim at us next.

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