Abortion, Surveillance, and Vigilantism : An American Story
Sep 3, 2021
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Prof. Michele Goodwin and Rebecca Traister join to discuss the Texas abortion law SB8, its implications on abortion rights, Federalist Society influence, gaslighting in women's reactions to Kavanaugh and Barrett confirmations, and the need for empowerment and resources in addressing the law.
SB 8 empowers citizens to sue abortion providers, fostering a culture of vigilantism.
The law draws parallels to historical injustices like the Fugitive Slave Acts, emphasizing surveillance and punishment.
The Supreme Court's refusal to intervene on the shadow docket sets a dangerous precedent for constitutional rights.
Deep dives
Implications of the Texas Abortion Law
The Texas abortion law, known as SB8, effectively bans all abortions after the sixth week of pregnancy, despite many women not even being aware of their pregnancy at such an early stage. The unique aspect of this law is that it empowers any American, not just state actors, to file civil lawsuits against abortion providers and anyone aiding or abetting an abortion, leading to unprecedented legal challenges for clinics and individuals. The law, deliberately crafted to avoid direct state enforcement, offers financial rewards to those who successfully sue abortion providers, creating an atmosphere of vigilantism and fear.
Historical Context Revisited
The discussion highlights the parallels between the Texas abortion law and historical injustices like the Fugitive Slave Acts, emphasizing a dark period in American history where citizens were incentivized to surveil, apprehend, and punish individuals attempting to exercise their freedom. By drawing these comparisons, the podcast underscores the alarming implications of empowering private citizens to police and restrict fundamental rights, echoing past atrocities like deputizing individuals to enforce oppressive laws.
Political and Judicial Implications
The episode delves into the political and judicial maneuvers behind the enforcement of the Texas abortion law, shedding light on the Supreme Court's role in upholding the law through a technical jurisdictional argument on the shadow docket. This decision showcases a disturbing disregard for constitutional rights and judicial norms, with dissenting justices expressing shock at the court's refusal to intervene, ultimately allowing an unconstitutional law to stand based on procedural complexities.
Call to Political Action and Advocacy
The podcast stresses the importance of political engagement and advocacy in response to the Texas abortion law, urging listeners to support efforts that promote political empowerment, diversity in governance, and legal protection of reproductive rights. Emphasizing the need for greater representation of women and marginalized communities in decision-making roles, the episode underscores the significance of grassroots activism, voting rights advocacy, and community support to counter regressive anti-abortion legislation.
Future Challenges and Resistance Strategies
Looking ahead, the podcast anticipates continued legal battles and challenges posed by similar anti-abortion laws in other states, signaling a protracted struggle for reproductive rights. Encouraging sustained efforts in diverse arenas, including state court elections, grassroots movements, and public advocacy, the episode underscores the need for a multifaceted approach to defending women's reproductive autonomy and combating the broader societal implications of restrictive legislation.
what’s new and what’s very old about SB 8, the law that allowed Texas to functionally overturn Roe v Wade. They also unpack what it really means when five justices on the Supreme Court hold up their hands as if to say “nothing we can do.”
