Toby Jaroslaw’s Post

The Dobbs Effect: Abortion Rights in the Rear-View Mirror and the Civil Rights Crisis that Lies Ahead - PDF: https://lnkd.in/g8pUS4yU    On June 24, 2022, seven weeks after the first-ever leak of a draft opinion, the United States Supreme Court circulated its decision in Dobbs v. Jackson Women’s Health Organization, defying stare decisis, overruling fifty years of precedent, and shattering the hopes of millions of Americans, who wished the leaked opinion was a fiction that would never come to be.   As the leaked draft forewarned, Roe v. Wade is no longer the law of the land. No longer is a woman’s right to terminate a pregnancy—to exercise bodily autonomy and be free to control the trajectory of her life—protected as a fundamental right guaranteed by the Due Process Clause of the Fourteenth Amendment of the Federal Constitution. This sea change in the Court’s Fourteenth Amendment substantive due process jurisprudence raises serious questions about the viability of stare decisis and the future of those fundamental civil rights that are not explicitly named in the Constitution.   With abortion rights now in the country’s rear-view mirror, this Essay examines the Court’s historic opinion, which calls into question the legitimacy of other substantive due process implied rights, and exposes the majority’s “history and tradition” justification for abolishing a constitutional right as mere pretext. It also offers insight into the legal, practical, and societal complications that lie ahead. Of course, no one has a crystal ball; however, as Justices Breyer, Sotomayor, and Kagan said in their dissent, “no one should be confident that this majority is done with its work.” #christianRight #Rightwing #segregation #Racism #ProLife #AbortionRights #freedom #liberty #abortion #Catholic #conservative #congress #RoeVWade #Dobbs #SCOTUS

In Ohio, the fight for democracy goes beyond abortion rights. It's about upholding democratic-republican (small d and r) principles. When "Christian" Nationalist elected officials reject the will of the people, they betray the Constitution they've sworn to defend. It's time to stand firm. Read my most recent Libertas Ohio essay (No. 17) on the need for Ohio’s elected officials to follow the mandate of the people or resign at www.libertasohio.com. Link to .pdf of essay in the comments. #FollowOrResign #OhioConstitution

Understanding Today’s Idaho Abortion Case in the Supreme Court Its very simple: the Supreme Court did not decide anything this morning. They vacated as improvidently granted their taking of the case. That means it goes back to a complicated procedural situation in Idaho for local resolution. There were 3 clusters of justices who wrote separate opinions: 1) Kagan, Sotomayor and Jackson could safely be included in a pro-abortion future on the question whether a woman in danger of serious harm in the absence of an abortion can receive one. 2) Barrett, Roberts and Kavanaugh wrote a long piece about why this is not a good time to consider all these different Idaho issues. No commitment supporting future guesses by excited commentators and news reporters as to how these three will vote. 3) Alito, Thomas and Gorsuch wrote a long opinion seeing the issue as a question of legislative interpretation of a federal statute. They seem to at least hint that a state abortion statute might somehow trump federal law. That is doubtful. The excitement of the potential of women’s health allowing abortion is no longer in the Supreme Court. Under the procedural mass is the apparent division about what level of danger to the woman allows an abortion if at all. There are consequences, as the philosopher John Dewey would say, for leaving that issue to lower federal and state courts. The danger is of course for women threatened by harm or death. #abortion #abortionrights #womensrights #humanrights #scotus #supremecourt #idaho

The Florida Supreme Court is facing a monumental question about the state's privacy amendment, which was passed by voters in 1980. The amendment guaranteed the right to be "let alone and free from governmental intrusion into his private life.” Ron DeSantis argues that this right to privacy does not include the right to abortion. However, abortion rights advocates argue that the right to privacy does include the right to abortion, and that the state's interpretation of the amendment is too narrow. The Florida Supreme Court's decision on this case could have a major impact on abortion access in Florida. Is it too late for David and Joel to file their amicus briefs? Let’s Go! Agree or disagree with what we said? Please share your comments with us to continue the conversation or DM us on our socials. We appreciate it if you "Like" and comment to continue the conversation. Join our #community by subscribing to our YOUTUBE channel: @J-Washington, and hit that notification button! #Florida #flapol #politicalinnovation #DeSantis #Abortion #TW #privacyclause #politics #Dobbs #OriginalistCase #Griswold #RoevWade #YCMTSU #Election2024 #TimeToWin @ocwatchfl @FloridaDems @FloridaGOP @MichaelEMoline @FLPhoenixNews @chreyesrios @orlandosentinel @El_Sentinel

Since the U.S. Supreme Court ruled to overturn the Roe v. Wade verdict on June 24, 2022, individual states can now restrict or ban abortion rights and have control over bodily autonomy. This decision removed the legal protection that had been in place for nearly 50 years. The consequences of state-level abortion restrictions are significant. People in states with restrictive laws may be forced to travel long distances and incur additional expenses to access abortion services. This can disproportionately affect low-income individuals, who may not have the means to travel or take time off work. Additionally, these restrictions can lead to an increase in unsafe and illegal abortions, putting people's health and lives at risk. To address the overturn of Roe v. Wade, you can advocate with WGF for federal legislation that protects a person's right to choose, support organizations that provide reproductive health services and education, and support legal challenges to state laws that restrict or ban abortion rights. #WGF #Wgffightforus #abortionright #roevswade #reproductivehealth #advocate #GenderEquality

Abolish Abortion With a Constitutional Amendment | More Than Just a States' Issue On this episode, Ryan explains why abortion is more than just a states issue and calls for a Constitutional Amendment to Abolish Abortion. Ryan draws parallels to the ending of slavery in the US, and the granting of voting rights and due process. Abortion is a matter of human rights and must be addressed with the same weight and urgency. There were no exceptions for slavery and there should be no exceptions for taking the life of the unborn. This episode goes beyond the societal norms to share the truth about what has been normalized. This episode will equip you to answer the question of what our nation must do when it comes to abortion. We must uphold biblical principles and respects every human life. #faith #culture #politics #bible #christian #devotional #truth #abortion #prolife

Anti-Abortion Authoritarianism: The Rise of Restriction on Voting Rights and Free Speech Post-Dobbs  - PDF: https://lnkd.in/guxNzXjg Following the Dobbs v. Jackson Women’s Health Organization decision, state governments have individually addressed abortion rights through legislation. Many Republican controlled state legislators have taken extreme authoritarian and harsh measures to push anti-abortion legislation; however, these measures, while addressing abortion rights, heavily infringe on basic human rights guaranteed to the American people. More specifically, the proposed amendment to Ohio’s State Constitution in August 2023 violated Ohioan’s essential voting rights and Idaho’s No Public Funds for Abortion Act blatantly infringes upon public university professor’s First Amendment freedom of speech.  This article discusses the evolution of abortion rights from the Roe v. Wade decision until the Dobbs ruling. It then examines the various efforts taken by the Ohio and Idaho state governments that have infringed on their citizens basic human and constitutional rights while creating strict anti-abortion amendments and regulations.  Kalucki, Emma (2024) "Anti-Abortion Authoritarianism: The Rise of Restriction on Voting Rights and Free Speech Post-Dobbs," Immigration and Human Rights Law Review: Vol. 5: Iss. 1, Article 4. Available at: https://lnkd.in/gciZ2rDK #AntiAbortionAuthoritarianism #AbortionRgihts #reproductivefreedoms #Roe #Dobbs

THE ART OF JUDGE SHOPPING "The Judicial Conference of the United States announced new rules for the federal judiciary Tuesday that would prevent the practice of judge-shopping, where litigants choose where to file their suit based on the near-certain knowledge that a specific judge will hear their case. Judge-shopping has come under increasing fire since President Joe Biden was elected. Conservative activist groups have sought to block his administration’s policies by filing lawsuits in federal courthouses where they expect to draw a sympathetic conservative judge to hear their case. Often the justification for the filing location rests only on a tenuous connection to the region." com/entry/conservative-judge-shopping-new-rule-ban_n_65f0b04be4b02ad7de1aa7a5 Understand how it works: How The Far Right Engineered An Assault On Abortion Access, Even In Blue States https://lnkd.in/evxTjyWX

The Arizona Supreme Court just ruled 4-2 that an 1864 law that banned nearly all abortions with no exceptions was constitutional. This law had been dormant for decades since the US Supreme Court recognized abortion as a constitutional right in Roe v. Wade in 1972 but has now been revived since the same court reversed its decision in Dobbs v. Jackson (2022). The impetus behind the revival of this law stems from Mark Brnovich, a Republican politician and attorney who formerly served as Arizona's 26th Attorney General. Following the Dobbs ruling, Brnovich sought relief under the Arizona Rule of Civil Procedure to resurrect this antiquated law. Initially granted by a trial court, this motion was subsequently contested and overturned by Planned Parenthood in the court of appeal. Upon reaching the Arizona Supreme Court, it was determined that the legislature, both in 1864 and thereafter, never acknowledged a right to abortion at the state level. Instead, Arizona law explicitly recognizes rights for unborn children at all stages of development, akin to those of already-born individuals. Consequently, the majority opinion of the Arizona Supreme Court maintained that the abortion issue, laden with moral and public policy implications, engenders fervent debate and impassioned debate among citizens. Thus, they emphasized that such weighty policy matters should be resolved by the electorate through the legislature or the initiative process—not by the courts. Their role, they affirmed, was simply to interpret the law as written, adhering to their limited constitutional mandate. The key lesson to learn here is that in the absence of robust constitutional protections rights, women's lives will be left to the personal whims and fancies of politicians, who in this case, seem to care more about the rights of fetuses than actual women. #abortion #roevwade #humanrights #ArizonaLaw #MarkBrnovich #SupremeCourtRuling #ReproductiveRights #LegalSystem #ConstitutionalLaw #PolicyDebate #StateLegislation #JudicialRole #PublicHealth

Fair enough. Yes, the #GOP is a disgusting political party with absolutely abhorrent ideologies designed around control of women, white supremacy, and control of the working class, amongst other things. Just don’t delude yourself into thinking that any other political party is the #Solution. You need only ask yourself this question to know the truth; why was #RoeVsWade a political tool for 50 years? Why didn’t the Democratic Party codify it into law when they had the chance? Every chance? All the chances? We, the people, are the solution. If you’re not capable of being combative with any politician, and willing to abandon any political party, if you’re not willing to be a credible threat to corporate power and hegemony, then it doesn’t matter who you vote for, or who holds public office; they will be commandeered by whoever applies the most pressure. That will either be #corporations and #oligarchs, or it will be us. Choose.