The imminent loss of the right to abortion for millions of American women is a sign of a deep democratic disorder in the United States.
A draft Supreme Court ruling that was leaked on Monday suggests that the legal precondition for banning abortion as a crime since 1973 is virtually inevitable. Roy vs. WadeWill soon be reversed.
This is a great victory for the religious right. It is a bitter defeat for the right of women to dispose of their bodies according to their own values. For American democracy, this is a step backwards.
There is a court on the right
The Supreme Court has already overturned important precedents in the past, but left them out Roy vs. Wade This is probably the first time the court has stripped citizens of their selfish right.
I say “probably” because this same moderate-dominant court recently removed some protections for the right to vote for a racial-ethnic minority (Shelby County vs. Holder2013).
The circulating text attributed to the very conservative Samuel Alito refers to the potential intent to go back to other rights contested by the same religious spouse, such as the right to marry or free access to contraception.
Doubtful democratic legitimacy
The present court is far from enjoying full democratic legitimacy. Four of the five judges preparing to wipe out the right to abortion were appointed by presidents elected by minority popular votes and confirmed by senators representing minorities in the population. In addition, these five judges assured the senators that they would respect the legal precedents.
In many states, abolition Roy vs. Wade It means automatically entering into force or immediately passing laws that make abortion virtually impossible. The ban on abortion has been rejected by the majority of Americans, but they can do nothing about it.
The injustices and other devastating social consequences of criminalizing abortion – unfortunately very well known – make matters worse, but the damage is done.
For decades, Republicans have leaned towards a religious right by promising to abolish it Roy vs. Wade. Continuing this goal without experiencing these consequences was politically fruitful. Today, however, that party looks like a dog finally chasing a car and catching up. What does he do with it?
Turn out anemia
American voters usually act like a thermostat: sudden turns in one direction lead to movement in another direction. With runaway inflation and other issues hurting their hopes next November, Democrats could use that kind of nudge.
If the Democrats can provide the power of the progressives to increase anemia in the midterm elections and prevent the ideological zeal to win over voters who have been stifled by Republican terrorism, they can save the furniture.
This is not the last episode of radicalization on the right side of the American Supreme Court and to protect against it, citizens have to vote the other way. Can Democrats Benefit From It? That is to be known.