CHRIS POWELL: Not all constitutional rights are secure in Connecticut

CHRIS POWELL: Not all constitutional rights are secure in Connecticut

Chris Powell Responding to the new law in Texas sharply restricting abortion, Connecticut Democratic State Chair Nancy DiNardo last week tried to rile up the party’s base. “Connecticut,” she said, “will never allow the activist Supreme Court to strip away reproductive rights from the women of our state.” The Texas law is bizarre, if strategically formulated. Its enforcement is assigned to civil lawsuits brought by private citizens against abortion providers and facilitators. Victorious plaintiffs can claim a $10,000 bounty from each defendant. On procedural grounds the Supreme Court has declined early intervention against the law, prompting suspicion that the court’s new conservative majority may plan to discard the court’s governing precedent on abortion, the 1973 decision in Roe v. Wade. There’s nothing new to be said about abortion itself. But its politics will always produce new material – as DiNardo did last week. For a Supreme Court that discarded Roe and returned abortion law to the states would be no more “activist” than the Supreme Court that issued Roe and took the issue away from the states, where it had rested since the country’s founding. Even liberal legal experts – including the late Supreme Court Justice Ruth Bader Ginsburg – have acknowledged that quite apart from whatever abortion policy should be, Roe was legally unsound or at best a big stretch. That is, Roe was the product of an “activist” Supreme Court. DiNardo’s premise and objective are hysteria. For the Supreme Court will not “strip away reproductive rights from […]

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