Archive for the ‘Supreme Court’ Category
Everyone loves freedom, except for Mississippi on abortion
We celebrated freedom in these United States this week. Freedom in Mississippi is hanging by a legal thread, as the state’s draconian laws that essentially eliminates abortion in the state are temporarily put on hold.
If you needed to get an abortion in Mississippi, you only had one option — in the capital, Jackson — which still meant a significant drive from anywhere else in the state.
The Republicans in Mississippi decided that one abortion provider in its state was one too many, and passed laws making it virtually impossible to perform the medical procedure. Requiring hospital privileges, something that isn’t necessary, was the key point of the Mississippi legislation.
The old stat that gets tossed around is that 85% of all U.S. counties have no abortion services; that statistic hasn’t improved. Roe v. Wade might still be the law of the land, but in many parts of these United States, the Supreme Court decision doesn’t even apply.
Mississippi isn’t surrounded by the most enlightened of states: Louisiana, Arkansas, Tennessee, and Alabama. Factor in laws that require an overnight stay or limit teenagers from crossing state lines and women in that part of the South really have it rough.
You can get an abortion, especially an early-term abortion, in the United States, but getting that abortion is not as simple as wanting one.
This law, and the other similar laws, hurt sexual freedom in Mississippi and other states, but they also hurt economic freedom. If you can’t use your freedom to plan your family, you can end up with kids when you can’t afford them. Given the low benefits people in Mississippi and surrounding states receive, poor is as poor does.
We have learned throughout American history that even if laws are passed in Washington, often they come to the South and die. Black men had the right to vote thanks to the 15th Amendment, though the South got away with not allowing many blacks to be able to vote for the next 100 years.
Thanks to a judge’s ruling, the lone Mississippi abortion clinic can stay open, though little has been done before this point. One is too few, but still better than none.
Americans are good at talking about the idea of freedoms, but in reality, people aren’t nearly as free as they should be, especially compared to the rest of the First World. The European Union allows its citizens to go freely to live and work in another country; Americans, Canadians and Mexicans don’t have that freedom. Single-payer health care allows Canadians, Europeans, and others to pursue their own dreams without having to be tied down to a job for health insurance.
Poor Americans who are conservative want to keep taxes low on the off-chance that they might someday be rich. But they live in the First World country where that is the least likely to happen. And that was true long before the Great Recession of 2008.
The U.S. Supreme Court ruled in 1992 that states cannot pass laws posing substantial obstacles or undue burdens on a woman’s right to an abortion. Having one abortion provider in a state larger than Rhode Island would seem to be an undue burden. having none would definitely be an undue burden.
This isn’t to say that the American dream is an abortion provider on every corner. Reasonable access can be in the eyes of the beholder, though the largest city and capital of a U.S. state should have more than one provider, and political intimidation shouldn’t be used to reduce Americans freedom.
The next step comes July 11 when a federal judge hears from both sides on continuing the temporary injunction. If not, the Jackson Women’s Health Organization will be put out of business and more than just symbolically, Mississippi will become the first state in the country where economic and sexual freedom don’t exist.
Ontario’s brothels ruling proves Canada is way more clued-in than United States
A practical, unanimous ruling saying that prostitutes have the right to protect themselves in their work. The Ontario Court of Appeal, the province’s highest court allowed for brothels, but solicitation is still illegal.
Prostitution is legal in Canada yet its society hasn’t fallen apart. Unless you count the Toronto Maple Leafs (hockey joke).
Canada also has figured out gay marriage and single-payer health care. Sigh. Watching the U.S. Supreme Court possibly bring down Obamacare before it had reached the masses makes you wonder why we haven’t all moved to Canada by now.
For more on Ontario and brothels and why they won’t kick in right away, check out our take from our sister blog, CanadianCrossing.com.
Iowa’s ag-gag law bad for democracy and food safety
You have to wonder if corporations have more rights than people in this post Citizens United world. Iowa’s new ag-gag presents a new concept of “agricultural production facility fraud” designed to intimidate employees who see poor practices.
Several states want to do the same thing, making it more difficult for whistleblowers to react to really bad food practices. The reaction from the pro ag-gag people is borderline Orwellian, which makes “Animal Farm” more ironic than we care to admit.
For more on this baffling legislation, check out this column from our sister blog, BalanceofFood.com
Billionaire influence from Super PACs weakens American democracy
Political history geeks (myself included) are often fascinated by who ended up becoming president. The vice president was a place to hide a politician where they couldn’t do much harm. The most famous episode came when Theodore Roosevelt was picked to run on William McKinley’s re-election ticket in 1900. McKinley’s vice president, Garret Hobart, died in 1899.
The powers that be felt Roosevelt would be less of a nuisance as VP than New York governor.
John Tyler, Rutherford B. Hayes, Chester A. Arthur — each with their own odd tale of becoming president.
The modern primary and caucus system was designed to rid ourselves of smoke-filled rooms so the American people had more of a say. Thanks to Citizens United, we are back to those days once again.
We normally wouldn’t care about Foster Friese’s birth-control philosophy. After all, if your crazy uncle said something so backward and offensive about a Bayer aspirin between your knees, you’d slip him a shot of NyQuil and hope he falls asleep rather quickly to save the party.
Unfortunately, Friese’s position on birth control is part of the national political conversation because a) he’s extremely rich, b) he likes donating millions to political campaign, and c) he is heavily supporting a candidate whose views on birth control are severely antiquated.
The MSM follows the bark of the Republicans, so the focus isn’t on the economy anymore; suddenly, women’s reproductive health is our nation’s major concern.
Women’s reproductive health is a serious concern, but not for the actual reasons. Women’s reproductive health is an issue because Foster Friese makes it an issue.
Again, if Foster Friese were an angry old man who was financially struggling, we wouldn’t care about his views. Thanks to Citizens United, Foster Friese can give unlimited funds to Rick Santorum. Without Citizens United, we wouldn’t care about Rick Santorum’s views on birth control, since he would have no shot of winning the GOP nomination.
Newt Gingrich can also stick around thanks to his billionaire buddy, Sheldon Adelson.
Before Citizens United, the fate of Santorum and Gingrich would have been in the hands of the people who voted or didn’t vote for them, much in the same way that Tim Pawlenty, Michele Bachmann, Rick Perry, and Jon Huntsman left the race. Thanks to Citizens United and the newly found power of billionaires, the perception of Santorum and Gingrich are skewed.
So now we are talking about birth control and women’s reproductive health … in 2012.
One person who wants to be a vice presidential candidate is Virginia Governor Bob McDonnell. And McDonnell was staking that idea on legislation that would force women, full-grown women, to undergo transvaginal ultrasound before having an abortion. Does it matter if the doctor thinks that’s a bad idea? Does it matter if a woman has ever been raped? Does it matter if the woman says “no”? Not in Virginia.
Virginia may be for lovers, but if you get pregnant and you don’t want to be, get the hell out of there.
As disturbing and unsettling as the Virginia law would be, McDonnell and the delegates in the Virginia house and senate are accountable to the voters. Santorum and Gingrich aren’t. Neither are Friese and Adelson.
Super PACs allow for unlimited donations with no disclosure and no accountability. Foreigners can’t contribute to presidential campaigns but they can contribute to Super PACs. And they have. And even if a campaign coordinates with a Super PAC — which Mitt Romney noted would send him to the Big House — the chances of the Federal Election Commission being able to do something about it is highly slim, and the chances of doing something before November are virtually nil.
Though the rooms would no longer be filled with smoke, those days are awfully tempting. You might get stronger candidates if they don’t have to get dragged through the mud, such as in our current system. And if millionaires and billionaires are cut out of the equation, you might get candidates on both sides of the political aisle who will bypass the rhetoric about the middle-class and help the tens of millions who don’t quite make it to middle class. On paper, that might seem less democratic, but it would be more about the people.