The Other Alito Draft Opinion Bill Democrats Need to Push

But, don’t worry Republicans! Professional Democrats suck at their jobs, so they won’t!

In the midst of this article about expanding access to birth control, we come across this (boldface mine):

Some conservatives have argued that the federal government is wrong to tell employers what health benefits they must cover, fighting for years against the ACA provisions on birth control products. The Susan B. Anthony List, an antiabortion group, repeatedly called on Trump administration officials to narrow the law, characterizing it as an “abortion drug mandate.”

Sen. Marsha Blackburn (R-Tenn.) and other Republicans have also criticized a 1965 ruling that upheld married couples’ legal right to birth control, Griswold v. Connecticut. Alito’s leaked opinion also includes arguments that could lead to ultimately overturning that decision, experts argued.

“Roe largely relied on Griswold v. Connecticut, which established a right to privacy to use contraception by drawing together different provisions and cases that, in one form or another, protected some sphere of privacy or liberty,” Boston University law professor Robert Tsai wrote in Politico Magazine on Tuesday. “The same accusation Alito levels against Roe can also be made about Griswold.”

Democrats should push legislation that will make Republicans go on the record about abortion–performative politics does matter. But they also should push another piece of legislation that ensures a right to birth control. It sets either sets Republicans up to appear very radical (or even more radical), or we actually end up protecting access to birth control. I actually would prefer the latter, but the former does have utility.

Of course, Democrats won’t even think of doing this, never mind actually doing it. Which is yet another reason we can’t have nice things.

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2 Responses to The Other Alito Draft Opinion Bill Democrats Need to Push

  1. Edin Villalobos Mora says:

    Yes, they’ll say “we won’t have the votes to avoid the filibuster” and never going to try.

  2. Joe Shelby says:

    There’s a suggestion that ending Roe this way (removing Right to Privacy in medical decisions) is the end of HIPAA as well as Griswold AND also Lawrence. Its all on the table: under any suspicion, the governments could subpoena your medical records from your doctors…and if like the PATRIOT act, they could even pass such a law under the requirement that your doctor can’t tell you that he had to turn them over.

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