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kleinbl00  ·  96 days ago  ·  link  ·    ·  parent  ·  post: Supreme Court has voted to overturn abortion rights, draft opinion shows

b_b's answer lacks the animating mechanics of the creaky old system. As every American schoolchild is taught (and some even learn):

- The executive branch (president) is in control of the resources necessary to enforce law

- The legislative branch (house and senate) is in control of making law

- The judicial branch (supreme court) is in control of determining what laws are just

Does that look like a game of hot potato? 'cuz it is.

Roe v. Wade was a case decided by the Supreme Court in which the court ruled that you could not have a law that prevented abortion, based on their reading of the constitution. From a legal standpoint, a law that says "you are allowed to have an abortion" is like a law that says "you are allowed to chew gum" - it's a superfluous law, and those get struck down, too.

There are plenty of states that have passed resolutions and laws preventing the restriction of abortion rights that kick in if Roe falls. That's legislators setting traps for other legislators in the interest of virtue signaling, but what is the US legal system if not virtue signaling. But if the Supreme Court strikes down Roe, it means that they have determined nobody should have been having legal abortions lo these fifty years.

Then the battle becomes about legalizing abortion and while most Americans support women having the right to abortion, nobody wants to say that. Nobody wants to be the "pro-abortion" candidate. Nobody wants hundreds of millions of dollars of dark money coming in from all across the country to plaster photos of dead fetuses on buses under your name.

It is the ugliest, most divisive culture war issue we have in the United States and the whole "why don't you just pass a law" canard has been used by the Right since about 1974. They know the answer - they've always known the answer. Because people would rather assume this right and nobody wants to run as a babykilller. It'll be the only thing you get to discuss. I mean, we almost passed an amendment that would have entitled women to the same rights as men except, you guessed it, abortion.

Fundamentally, Roe V. Wade has been a stick dipped in a dog turd that the Republicans have used to joust at the Democrats for fifty years. It's been their "nuclear option" - the thing that they can always threaten with because oh holy shit nobody wants to see what it looks like if we actually do have to legislate this nightmare. But since the Republicans have absolutely lost the script, they've chosen to fight the culture war as if they can win.

The abortion rate in the United States is lower now than it was in 1973, and fully a third of those abortions are chemical, which none of this nonsense can touch. It's not a practical thing in any way, shape or form, it's a cultural rallying cry for "men run things no matter what the laws say." But there have been three generations of Republican operatives raised on the notion that this is what they want more than anything in the whole wide world with zero real strategy about what happens next.

So now we get to see who can energize their base more, and how low everyone will go to get what they want. The problem is the Republicans will always go lower, and because of our creaky Mennonite democracy, they have structural advantages.