the aftermath of Dobbs

When I wrote this post after the leak of US Supreme Court Justice Alito’s draft opinion on an abortion law in Mississippi, we weren’t sure if there would be changes before the decision was announced.

When the decision was announced on June 24, it was little changed from the draft. The majority signed on to the opinion that Roe v. Wade had been “wrongly decided” and threw the matter of the legality of abortion to each state’s legislature.

It’s not that long-standing Supreme Court precedents have never been overturned or declared “wrongly decided” – the Dred Scott decision springs to mind – but the Dobbs case was the first time that such a reversal came at the expense of a recognized right.

Many lawyers and Constitutional scholars have faulted the majority’s decision on historical and legal grounds, as Alito seems to cherry-pick sources in support of his view while ignoring the mainstream history and scholarship to the contrary. For example, while it is true that the Constitution does not specify a right to an abortion, it also never uses the word “woman” or “family.” There are many rights that have been recognized by the courts over the centuries that are not specifically cited in the Constitution under the Ninth Amendment which states “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The right to privacy and to bodily autonomy belong to each person and should not be under the jurisdiction of the government at any level. The Alito opinion also seems to violate the Thirteenth Amendment against involuntary servitude and the Fourteenth Amendment which promises “equal protection of the laws.”

While Alito said that abortion was a unique situation in terms of privacy protections, Justice Clarence Thomas wrote a concurrence that openly questions other rulings, such as those allowing contraception and marriage equality in all states. Somehow, he didn’t suggest that the Loving case, which forced all states to allow interracial marriage, had been wrongly decided, one assumes because he is a partner in one.

It’s now a little less than a month since the decision was handed down and there is upheaval. There have been many protests and public demonstrations. Some states moved to ban all abortions or all after six weeks of pregnancy. Some states are even trying to prevent people from crossing state lines to receive care, as though being a resident of a state gave them ownership over you. While the House has passed legislation to codify abortion rights similarly to Roe and to allow interstate travel for medical care, the Senate Republicans have blocked both measures from coming to a vote.

Some states are protecting and codifying the Roe framework. My home state, New York, had done this previously and is now beginning the years-long process to amend the equal rights protections of the state constitution to include “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy”. Bonus: this will protect marriage rights and stand against all gender-related discrimination, as well as returning reproductive health rights to each individual.

Before the decision was handed down, those of us warning of the dangers to the health and well-being of pregnant people were scolded for being alarmist, but we were being realistic. Every day, there are stories in the news of delayed care for miscarriages that threatens the health and life of the mother. There are stories of rape victims having to go to another state for an abortion. The most heart-breaking of these is the case of a ten-year-old rape victim who had to travel from Ohio to Indiana to receive an abortion at six and a half weeks pregnancy. This child has had to endure not only rape and the severe threat to her health that pregnancy at such a young age entails but also the trauma of some politicians and commentators questioning the veracity of her story.

These cases show the dangers of trying to legislate what should be private medical decisions. While some are contending that it’s not really an abortion if a child is pregnant and her life is endangered or if there is an ectopic pregnancy or if there is an incomplete miscarriage, medically speaking, all pregnancies end either in live birth or an abortion. Miscarriage is not a medical term; on medical records, it is termed a spontaneous abortion. Health care providers are being put in the impossible situation to provide the best care to their patients or to be forced by lawyers to wait until their patients are clearly dying themselves before intervening to remove a doomed fetus. When the federal government reminded hospital emergency rooms that they are required to treat any endangered pregnant person to save their life, the state of Texas filed suit, saying that their state law against abortion should take precedence.

Some states are making moves not only against abortion but also against contraceptives, even though these are not abortifacient. They are trying to prevent people from crossing state lines to receive care. As I mentioned previously, while the US House of Representatives has passed legislation to codify abortion rights and to affirm the right to interstate travel, the Senate is not taking these up because of obstruction by Republicans. Chillingly, there is talk of the Republicans passing a national abortion ban if they regain the Congressional majority. Meanwhile, Republicans fail to pass legislation that would uphold the health and dignity of each person, such as universal health care, living wages, social welfare support, etc.

As a Catholic woman, I knew this was coming. Alito was parroting the arguments that Catholic bishops have made against abortion and Thomas went even further down that road in his calls against contraception. I have struggled for years against a church that denies my full personhood as a woman, despite their lip service to the concept of human dignity. I did not expect my country to follow suit.

Like most women my age, I didn’t think we would still be fighting these kinds of equality battles, but we will. I can’t predict the manner or timing of victory, but we will not be demoted to second class citizenship by a skewed Supreme Court.

heatwave kitchen

I did something I seldom do this morning.

I wore an apron.

Like many other locations in the Northern Hemisphere, this week we are having a heat wave. It was already 90 F (32 C) by 11:00 AM, so two hours before solar noon, given Daylight Saving Time. Not quite as bad as daughter E in London which set an all-time record at 40 C (104 F) earlier this week, but hot enough that I wanted to get kitchen work that involved heat out of the way this morning.

When I was at the farmstand earlier this week, they were selling beets for only a dollar a quart, so I bought some to roast. I decided to peel and cut them in chunks before roasting. Because I didn’t want to risk splattering my cream and blue print sundress with red beet juice, I donned the apron that B wears sometimes when he is baking.

While the beets were roasting, I made cooked butterscotch pudding for a pie. When I was growing up, my mom used to make pudding pies or sometimes fruited jello pies in the summer. I think that it isn’t a very common practice anymore because there were no pie directions on the pudding package. I remembered the modifications well enough, I hope, that the pie should set. Bonus: I had a graham crust in the cupboard so I didn’t have to bake one.

Admittedly, I don’t have to worry about our kitchen getting unbearably hot because of our air conditioning, provided very efficiently by our geothermal heat pump system. (Geothermal heat pumps use much less energy than conventional central air systems but I wanted to get my electric cooktop and oven work done early so as not to add to the electricity burden which rises in the late afternoon/evening.)

As I keep hearing about people in Europe and the US suffering from extreme heat, my mind goes to heat pumps which will keep them warm in the winter without burning methane and safely comfortable in the increasingly hot summer heat waves, all while helping to combat the greenhouse gas emissions that worsen climate change. Bonus: Heat pumps can break the stranglehold that Russia and other oligarchies have over fossil fuels, promoting peace and economic stability. So much conflict has fossil fuels as an underlying cause. We would do well to stop using them as quickly as possible, so, for peace and the planet, let’s transition to heat pumps NOW.

One-Liner Wednesday: troublemaker or truth teller?

No, I’m not a troublemaker but I am a truth teller, and that can get you into a lot of trouble. But people deserve other people’s answers, other points of view, so they can assemble their own.

Joan Chittister, OSB

Join us for Linda’s One-Liner Wednesdays! Find out more here: https://lindaghill.com/2022/07/20/one-liner-wednesday-ah-the-oldies/

Much Ado in the Garden

Why, you may ask, is Joanne wearing a fetching Renaissance costume?

Because tomorrow, Sunday, July 17, 2022, I will be singing madrigals with The Madrigal Choir of Binghamton at the Much Ado in the Garden event, sponsored by Cornell Cooperative Extension-Broome County.

There will be music, dancing, garden tours, Shakespearean scenes, games, food, and more, so come to Cutler Botanic Garden and join us!

Madrigal Choir will be singing at 2:00. At 11:15 AM, I will also be participating in a mini-workshop and reading with the Binghamton Poetry Project, but not in costume.

I’m sure that you want to see my headpiece, so one more costume shot.

finally, but…

Broome County, New York, where I live, finally managed to get into the low community risk category on the CDC’s COVID map late last week, after many months in the high category with a few weeks of medium thrown in.

This is long hoped for news, but it is likely only a very temporary lull.

We had been high for so long due to our lower level of up-to-date vaccination and the fact that an Omicron subvariant that became dominant originated in central New York.

Unfortunately, another Omicron subvariant BA.5, is making its way into our area. BA.5 is already the most dominant strain in the US and carries the dubious distinction of being more contagious than other forms of Omicron. It may also have a tendency to more often affect the lower part of the respiratory tract, although this is still being researched; Omicron in general has been more likely to remain in the upper respiratory tract. It also appear to more easily infect people who are up-to-date on vaccination and those who have already had Omicron, even if the prior infection was only a few weeks ago. It’s difficult, though, to tease out which effects in the population are from the variant itself and which are from decreasing immunity that occurs over time.

It is also unfortunate that repeat infections increase the post-infection risk of stroke, heart attack, and other serious illnesses and bring the risk of long COVID.

Even with BA.5, though, being vaccinated and boosted is helpful. It lowers rates of severe disease, hospitalization, and death. Pfizer and Moderna are each developing vaccines/boosters that are more effective against Omicron that will be available in the fall. Of course, masking, avoiding crowds, and other public health measures are also helpful if transmission is high in your area.

Remember: the pandemic is still with us. Another new variant is spreading in India and several other countries and could cause another global wave of infections if it can out-compete BA.5. Stay alert and do what you can to take care of yourself, your family, and your community.

I’ll be doing that here. Even though our current infection rate is low, it has begun to creep up. I’ll be watchful.

SoCS: list

I’ve made a list of blog posts I need to write.

Well, in my head, not on paper or screen.

And I won’t bother all of you with writing it here.

But, #SoCS can get checked off soon…

I admit that I’m in a bit of a lull when it comes to writing these days, especially creative writing. We’ve been travelling quite a bit. I’m also waiting out a grief wave.

The bigger issue with blog posts, though, is that there are a lot of heavy topics about which I want to write, most of them follow-ups to previous posts. JoAnna of the Forest suggested that it is better for my health and well-being to mix in some lighter posts, so I’m hoping this counts!

Hope to be back soon with another post, at least…

[LOL – I wrote this post relying on my memory of the prompt from yesterday, which I misremembered as “make a list” but I think this works. Just change the first sentence to “made a note.”]
*****
Linda’s prompt for Stream of Consciousness Saturday this week is “make a note.” Join us! Find out more here: https://lindaghill.com/2022/07/08/the-friday-reminder-and-prompt-for-socs-july-9-2022/

It’s different in Japan

When I wrote this post about gun violence in the US yesterday, I intended to move on to another topic, but news of the assassination of former Prime Minister Abe of Japan broke here this morning and I was struck by the stark contrast in the level of gun violence in the two countries.

Part of the terrible shock to the Japanese public is that shootings are incredibly rare there. Firearm possession in Japan is highly regulated. Apparently, the gunman had built his own weapon, evading the strict process in place.

Last year in Japan, there were only ten shootings, eight of which were connected to the yakuza, an organized crime network. There was one death and four injuries from gun violence.

That’s 10 shootings in a country of 125 million people.

In a year.

The United States has 332 million people. I can’t even find the statistic for the number of shootings, but the statistics from Gun Violence Archive record 45,034 deaths and 40,585 injuries from guns in 2021.

Yes, America. Guns are the problem.

The US and guns – update

In late May, when I wrote this post, I knew there would need to be an update in the continuing saga of gun violence in the United States. A lot has happened since then, so here goes.

In the wake of the national furor over the Buffalo and Uvalde shootings, a bipartisan group of senators managed to hammer out a bill that could pass. It is much weaker than the bill that had originally passed in the House but does have some important provisions. It increases funding for mental health services, which is much needed. The impact on mass shootings is unclear but the majority of gun fatalities in the United States are suicides, so there is hope that these funds will avert some share of these deaths. There are incentives for states to implement red flag laws, which prevent firearm sales and/or remove guns from homes where someone is deemed threatening to themselves or others. The laws preventing those convicted of domestic violence from obtaining guns were strengthened. There will be enhanced background checks for those ages 18-20. Penalties for those who purchase guns for someone who is not eligible to own one have been increased. Funding for security in schools will increase.

Unfortunately, stronger prevention measures were not included, most of which have broad public support. Among these are strengthened and universal background checks, banning military-style assault weapons and large ammunition clips, and raising the age to buy semiautomatic weapons to 21. It’s unlikely that Republicans will agree to any further national legislation in the immediate future, so it is up to states to do what they can to protect people, although it is easy for anyone intent on getting a weapon to do so by visiting a state with looser regulations.

Ironically, just as this legislation was passed, the Supreme Court handed down an opinion that struck down the process to carry a concealed weapon in my home state, New York. This law, which had been on the books for over a century, was somehow not deemed to be part of our history and tradition by the conservatives on the Court, while ignoring the clear text of the Second Amendment that places gun rights in the context of “a well-regulated militia.”

Governor Hochul called the state legislature, which usually is in session only in the winter and spring, back from recess to pass new laws that would seem to be acceptable to the Court which had objected to a gun owner proving that they needed to carry a concealed weapon for protection. The new laws include mandatory standardized training and tests to obtain a concealed carry permit, a blanket prohibition on carrying firearms on private property and businesses unless they expressly give permission, and a list of “sensitive places” where concealed weapons are not permitted, including public transportation, medical facilities, schools and day care facilities, libraries, government buildings, houses of worship, public demonstrations, entertainment venues, and establishments that serve alcohol.

There are also provisions that strengthen New York’s already relatively strict gun laws, including background checks for all ammunition purchases, enhancements of the safe storage requirements including in vehicles, and extending the sales ban on body armor to include hard body armor which was used by the shooter in Buffalo.

These new laws will take effect on September first. They may be challenged in court but the legislature and governor tried to design them in such a way that they will be upheld. At least, we will have greater protections while the cases wind their way through the courts.

Meanwhile, of course, gun violence continues unabated. The Fourth of July weekend was especially brutal, with over 500 shootings, at least 11 of which were categorized as mass shootings (four or more injured or killed, not counting the shooter), resulting in over 220 deaths and nearly 570 injuries. The information source for this reporting is the Gun Violence Archive, an organization that collects and compiles data on shootings in the US. That our country has need of such an organization is sobering in and of itself. As I write this on July 7, 2022, they have verified 22,733 gun deaths so far this year, of which 12,408 were suicides.

The most prominent of the mass shootings this weekend was at a Fourth of July parade in Highland Park, Illinois, just outside of Chicago. A 21-year-old man, shooting with a military-style weapon from a rooftop overlooking the parade route, killed seven with several dozen wounded. He was later arrested and has confessed to the crime. Our news reports are filled with the tragic losses of family members, including the parents of a 2-year-old who was found beneath his father’s body.

This father died protecting his only child from a young man who should not have had a weapon of war. All of us need the protection of law to keep these weapons out of civilian hands. Congress, do your job and pass more laws so that our rates of gun violence are more in line with those of other advanced democracies. Other countries have similar rates of mental illness, violent video games, and social problems, but have nowhere near our rates of gun violence. Republicans, it’s time to wake up and admit the truth that the heart of the problem is too-easy access to guns, especially military-style weapons. And remember that your beloved Second Amendment is about a “well-regulated militia” – now akin to the National Guard – not your mentally unstable 18-year-old neighbor who has fallen into some dark conspiracy-laden corner of the internet and thinks he should kill some folks to show he has power over them.

Congressional Republicans, you have the power to join with your Democratic and Independent colleagues to protect us. If you need help mustering courage, look to the example of that dad in Highland Park. Your possibly sacrificing a few votes in your next election or some campaign contributions is nothing compared to his sacrificing his life and his chance to see his child grow into adulthood.

One-Liner Wednesday: critic

One can be a critic of one’s country without being an enemy of its promise.

Daniel Bell

Join us for Linda’s One-Liner Wednesdays! Find out more here: https://lindaghill.com/2022/07/06/one-liner-wednesday-one-line/

this Fourth of July

It’s the fourth of July, commemorated here in the United States as Independence Day. It’s supposed to be a “happy” day, but it’s hard to feel happy with our country mired in divisiveness and the undermining of our fundamental rights and democratic institutions.

I know I have been relatively silent here at Top of JC’s Mind lately. Part of it is a renewed wave of grief over Paco as we have entered the one year anniversary of his fall and final decline and the fact that I had deferred a large portion of my grief over Nana while dealing with his needs.

The larger share of my delays in posting, though, is that the posts I need to write about the Supreme Court decisions and the January 6 Select Committee hearings are difficult to write.

The Preamble to our Constitution proclaims that “We the People” are striving toward “a more perfect Union.” This Fourth of July is one of grief, watching my country lurch further away from that ideal rather than making halting, if messy, progress toward it.