He said he would do it, we held a national referendum on email server management best practices, and then he did it:
This is how Roe v. Wade ends — without pretense or pretext, the conservative movement’s tireless dream of forced birth, brought to fruition through the naked promises of Donald Trump, who said if he could put “another two or perhaps three justices on,” Roe would be overturned “automatically, in my opinion, because I am putting pro-life justices on the Court.” On Wednesday, all three of Trump’s justices hearing a case challenging Mississippi’s 15-week abortion ban seemed ready to prove him right. Even John Roberts’s feeble attempts at describing, if not actually finding, a compromise would mean overturning all the prior Supreme Courtdecisions that have made abortion legal.
Kavanaugh nattered on about how divisive abortion is and how neutral the Constitution is on it, and how, by golly, it’s a big country — “There will be different answers in Mississippi and New York, different in California or Alabama,” he said — with the implication that dominion over one’s body and future is just blue-state elitism.
Barrett did exactly what she was nominated to do, which was to say that forced pregnancy and birth are no big deal because, as she kept repeating, “safe haven” laws allow parents to relinquish their rights and surrender babies to be adopted by others. The concerns the pro-choice side expressed about the effect abortion bans would have on women’s equality, she said, were “focused on the consequences of parenting and the obligations of motherhood that flow from pregnancy. Why don’t the safe-haven laws take care of that problem?” (She added, ominously for the vaccine mandates that are making their way through the courts, “There is without question an infringement on bodily autonomy, which we have in another context like vaccines.”) She didn’t need to say that she has given birth five times and adopted two children and still made it to the Supreme Court; her very presence provided cover to anyone looking for it.
The idea that overruling Roe will “send the issue back to the states” is cynical bullshit on multiple levels, but more on that later!
It’s worth noting here that while Ginsburg has gotten a lot of (justifiable) criticism for her reckless gamble, the overruling of Roe is also a major legacy of Anthony Kennedy, who retired strategically to hand a Supreme Court seat to Donald Trump knowing with absolute certainty that he would nominate someone who would vote to overrule Roe. And as Sotomayor pointed out the decision will threaten Kennedy’s GLBTQ+ decisions too.