Wednesday, November 08, 2006

It was inevitable

I couldn't let the elections go by without some sort of comment, now could I? Particularly as in shallow matters, I am trying to avoid the orange horror that is my home-dyed hair. Turns out there's a reason why you pay $150 for it.

Anyway, maybe being the first time that I avoid the superficial by going to the important and serious...

1) While the overexcitement over the loss of Santorum is understandable, lest we forget: this Mr Casey is the son of the former Pennsylvania Governor who, while technically "losing" in the Supreme Court, narrowed abortion rights hugely in the 1992 case of Planned Parenthood v. Casey. He believes, as his father did, that Roe v. Wade should be overturned. Let's remember that the lesser of two evils is still evil.

2) South Dakota. Fabulously delaying the inevitable. I realise that there are those who not, understandably, acquainted with the dirty details of this, so I'll try and recap. South Dakota's state legislature passed a law stating that all abortions, under any circumstances, should be illegal. This led to a rather horrendous description by one of the lawmakers as to the only possible situation in which it would be allowed, and the inexcusable comment that allowing abortions for incest is wrong because it allows the abuser to bury the evidence. See this article for more info.

Anyway, the ranting is for elsewhere.

The point is, this is illegal under Supreme Court jurisprudence - no state is allowed to completely outlaw abortion without a health exception for the mother (Planned Parenthood v. Casey - see where this is all going?). Therefore this was done specifically to overturn that decision. How?

The ACLU/Planned Parenthood/some interest group would sue the state legislature. This would be struck down in the lower court on grounds that Supreme Court jurisprudence says that it is illegal. Then it would be appealed up, and struck down, accordingly. Then, finally, maybe a year or so later, it would be heard by the Supreme Court. Who, instead of simply striking it down - stare decisis and all that jazz - will rehear it because Day O'Connor is gone and Alito is on the court and he upheld the law that was struck down in Planned P:arenthood v. Casey. And they would uphold it and the guarantee of a woman's reproductive control over her own body and future - like, totally gone, dudes.

So that's how it would work. Hence the voting of South Dakota is important because that law cannot now be challenged in the courts...

Nonetheless, the Supremes heard the federal "partial birth abortion" act case today. Chances are, we're screwed.

3) My other half is growing a moustache. He says hello.

Thank you, and goodnight.

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