The new law in Texas banning abortion is trying to give the US Supreme Court a sneaky way to allow that ban while pretending to avoid the issue. They are doing that by leaving it up to private individuals to in effect enforce the law by launching individual lawsuits against anybody who in any way assists a woman get an abortion. It would include not only doctors and nurses but even a taxi driver who drives a woman to an abortion clinic. By leaving it up to individuals rather than the state attorney general, they claim that they are not violating Roe v Wade. A majority of the Supreme Court took a major step towards accepting that claim by voting not to intervene.
Even the Wall St. Journal editors think the law is a mistake. “Sometimes we wonder if Texas Attorney General Ken Paxton is a progressive plant. His ill-conceived legal attack against ObamaCare backfired on Republicans in last year’s election and lost at the Supreme Court. Now he and his Texas mates are leading with their chins on abortion. How about thinking first?” they wrote. In other words, they are worried that there will be a political backlash which will help get more Democrats elected.
Even if there is, the strategy of relying on the courts and the Democrats has been a long term failure of major proportions. Supporters of women’s rights should look to what women in Afghanistan did on the same day this
anti-abortion law went into effect. In the Afghani city of Herat, dozens of women went out onto the streets to protest the attacks on women’s rights. “Don’t be afraid, don’t be afraid,” the women chanted, as Taliban fighters watched, in videos shared on social media. “We are together.”
If those brave women in Afghanistan can do that, there isn’t a reason in the world that the women’s rights groups together with the unions, many of which have a large female membership, cannot do the same thing. What are they waiting for, after all?