The impending reversal of Roe (and more)

On the impending reversal of Roe

Will Congress enshrine abortion in federal law?

Democrats are talking about using the nuclear option (abolishing the filibuster) to enshrine Roe into federal law over Republican objections. I’m not sure they’ll hold Joe Manchin either on abolishing the filibuster or on abortion if they do, but let’s set that aside.

If they succeed, I suspect the law will meet the fate of RFRA, the Religious Freedom Restoration Act: held unconstitutional as a restriction on states’ “police powers.”

A similar outcome on abortion would leave abortion enshrined on military bases, federal women’s uterus-havers prisons and some other federal domains, but at the very political high cost of turning the Senate into a more democratic and less deliberative institution.

What a contrast!

I made it a point to listen to a top liberal legal podcast on the leaked SCOTUS opinion.

As I suspected would be the case, these three law professors offered no substantive defense of Roe v. Wade or Planned Parenthood v. Casey. None. Because they’re too smart to think it’s defensible in any terms of conventional constitutional reasoning. It was all mockery (Justices Alito and Thomas, Thomas’s wife, etc.), F-bombs and other vulgarities, unintelligible in-group code, posturing and dark speculation about what other “rights” the conservative majority wants to destroy.

It heightens my appreciation for the excellence and sophistication of Advisory Opinions — where I learned, by the way, of the existence of the other legal podcast.

Delegitimizing the Court

Speculating on possible reasons for the leak:

[F]inally, to the extent that a leak like this has some delegitimizing effect no matter what, that might be an end unto itself: If the court is going to be conservative, then let it have no mystique whatsoever.

This last place is where most liberals will end up, I’m sure, should the draft ruling turn out to be the final one. But there is an irony here, of course, because a key implication of Alito’s draft — and of arguments marshaled for generations by Roe’s critics — is that treating the judiciary as the main arbiter of our gravest moral debates was always a mistake, one that could lead only to exactly the kind of delegitimization that we see before us now.

Regardless of whether the draft becomes the final decision, then, its leak has already vindicated one of its key premises: that trying to remove an issue like abortion from normal democratic politics was always likely to end very badly for the court.

Ross Douthat. I’m glad Douthat pointed that out. I hadn’t thought how the delegitimization of the court started 49 years ago with Roe.

Roll out the protest signs!

Meanwhile, Substacker Rhyd Wildermuth envisions the less-than-punchy woke protest signs that should, for woke consistency’s sake, be forthcoming:

  • Protect a pregnant uterus-haver’s right to choose
  • Trans-women, cis-men, and assigned-male-at-birth non-binary people should not be allowed to make decisions on what trans-men, assigned-female-at-birth non-binary people, and cis-women do with their bodies.

Everything else

Doom’n’gloom

[T]hough I will never condemn those ‘dead white men’, neither can I stand up and ‘defend the West’ in some uncomplicated fashion. The West is my home – but the West has also eaten my home. Should I stand up to save it from itself? How would that happen? What would I be fighting for?

The French esoteric philosopher René Guénon, who dedicated his life to studying the metaphysical decay of the West, called this the ‘crisis of the modern world’, and he saw it as an explicitly spiritual matter. In his 1945 book The Reign of Quantity and the Signs of the Times, Guénon, a French convert to Sufi Islam who lived much of his life in Egypt, argued that the modern West’s decisive turn away from the spiritual life towards the purely material realm had plunged us into an era he called the ‘Reign of Quantity’. He referred to this turn as ‘the modern deviation’, or sometimes ‘the Western deviation.’

Guénon believed that the world’s old religious traditions all contained the same ‘universal character’ and could lead towards the same truth. The modern West, however, had unilaterally turned away from the pursuit of any higher truth, and the result had been the Reign of Quantity, which was now overcoming the world at Western hands. ‘Western domination’, he wrote, ‘is itself no more than an expression of the “reign of quantity.”’

All of this brings us back to where we began – the culture wars of the age of hyperreality. Guénon concluded his dense and sometimes difficult study by suggesting that we are living in a ‘great parody’: an age of ‘inverted spirituality’ and ‘counter-tradition’ in which even institutions which claimed to be transmitting the spiritual traditions – most churches, for example – were shells of the real thing. To Guenon, this was a manifestation of an actual spiritual war. He agreed with St Paul that ‘we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world.’ Some dark spiritual force was inhabiting the shell of our culture, he said, and driving us ever downwards.

Paul Kingsnorth

How Not To Write An Obituary

Terry Cowan gives some overdue advice on writing an obituary. I hope it was as cathartic for him to write it as it was for me to read it, because (I predict, for no better reason than general pessimism about humanity) that it won’t change a thing.

Setting aside “soulmate” and “love-of-her/his-life,” this advice is my favorite:

Finally, do not try to preach your loved one into Heaven by way of their obituary. There is no need to go on and on about what a fine Christian Gloria Kay was, or expanding on how much she “loved the Lord.” Frankly, it is not as if the Office of Admissions in Heaven is keeping a file of clippings, and this obituary will be one more document in your favor. Just say “Gloria Kay was a faithful Christian, a member of fill-in-the-blank Church.” Also, go-slow on stating what your loved one will be doing in Heaven now. That is always just so much broad evangelical wishful thinking. It is important to remember that we are actually not in control here, and it may be presumptuous to assert that Homer is now face to face with his Lord and Savior Jesus Christ. When I see an obituary that says something like “Wilma adored her precious children and grandchildren but her greatest joy was telling others about Jesus,” well, that just describes the type of person you would duck down another aisle if you saw them across the way in the grocery store.

The only missing thing I can think of “earned his angel wings.”

Sen. J.D. Vance

In the Fall of 2016, I traveled from Indiana to St. Gregory Palamas Monastery in eastern Ohio for a brief personal retreat. Running low on gas, I pulled off the four-lane road and traveled a few miles to a small town gas station.

That small town almost certainly had more Trump signs than homes, with at least one sign in every yard and not a single Hillary Clinton sign.

I don’t think of myself as especially insular, but I was shocked.

Over almost six subsequent years since, I’ve begun (or perhaps more than begun) to understand why (for what reasons or interests other than perverse nihilism or lib-trolling) people like rural Ohioans voted for Trump. They’ve been passed over, and they’re not accepting the idea that they deserve it because they’re of less value than coastal Americans.

Fair point. Weighty, even.

I still detest Trump personally (for reasons I summarize as “toxic narcissism” because writing a Bill of Particulars could consume my whole remaining life), and I regret that a Republican populist must kiss his hind-parts and get his endorsement to win a primary.

So Tuesday’s Ohio primary victory of J.D. Vance Tuesday, after he finally got Trump’s endorsement, isn’t much of a surprise, nor will his victory in the Fall be a surprise.

I hope he can become his own man again after the abasement of his campaign. He’s a bright guy who could elevate the debate if he wants to.


You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

2 thoughts on “The impending reversal of Roe (and more)

  1. I don’t know how many conversations I’ve had with lefties on Reddit over the past 36 hours in which I’ve made some variant of the following comment: Even if you don’t buy the multiple, strong limitations of scope in the leaked opinion (because conservatives de facto can’t be trusted to abide by their word or something, etc. etc.), there is absolutely zero chance that any of the other cases get rolled back. Even Obergefell, which by far remains the most controversial of the bunch, doesn’t have the votes to be overturned. Roberts is obviously out on that, and so would be Kavanaugh and Gorsuch. The people suggesting Loving, Lawrence, or Griswold will be overturned are just high on something. It’s just fear-mongering for likes and retweets.

    People don’t appreciate the extent to which abortion has been the singular consensus issue on the right. There’s no appetite or will across the entire conservative legal community to dismantle gay marriage, especially among the bougie establishment types that comprise half of the SCOTUS conservative faction. It’d be hard to show your face at the Chevy Chase Club or the Kennedy Center if you voted the wrong way on that, after all.

    I honestly wonder what becomes of the Conservative Legal Movement™ in the wake of Dobbs (if the final opinion ends up resembling the draft, of course). Obviously, abortion litigation will continue at the federal and state level, but I suspect no one in the movement has really considered seriously what it will mean to have accomplished what is effectively the primary raison d’être of the whole thing. There’s too much money to be left on the table for them not find *something* else, but I don’t know what that something would be that can unite the disparate factions of American conservatism.

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