The Eyes of Texas
Two pending Court cases in Texas regarding abortion surfaced this week.
Reported March 14 in the New York Times, a Texas Judge made public a decision to hear a case brought by “a coalition of anti-abortion groups known as the Alliance for Hippocratic Medicine (which) claims that the Food and Drug Administration did not follow proper protocols in 2000 when it approved a two-drug regimen of mifestripone followed by misoprostol and also that the medications are unsafe for patients.” (1) An outcome of this case would make abortion pills contraband. Americans will seize this opportunity to create an Internet black market for abortion pills.
In another case, also involving abortion pills,
“Last week… ex-husband, Marcus Silva…filed a wrongful death suit against his ex-wife’s two friends who allegedly provided the abortion pills his wife took, seeking a million dollars from both of them.
Silva’s case appears to have the backing of the anti-abortion movement, since he is being represented by Jonathan B. Mitchell, the former Texas solicitor general who devised Texas’ abortion bounty bill which gives private citizens the power to sue others for ‘conduct that aids or abets the performance or inducement of an abortion.’ (2)
Texas, your baleful eyes are upon you. (3)
Your Governor, when asked if Texas anti-abortion laws would harbor rapists, assured the public that ‘Texas does not condone rape.’
And now this.
Across America abortion pills will no longer be the ‘option of last resort.’ Irony spills as the story unravels that states, latching onto the Texas court cases, will soon criminalize the distribution of abortion pills. As the country still suffering from the War on Drugs can attest, what one makes a crime, makes criminals of innocent folk, entrapped by a decision not of their making.
Former Supreme Court Justice Antonin Scalia used to speak to statute deliberation thusly: ‘let’s not get ahead of ourselves and forego our conscience by fighting against an outcome we don’t like. That’s not what ‘justice’ should be.’ (4) What he missed was the inverse, ‘let’s not attempt to turn back the clock and undo social progress in order to protect a world we want to sustain.’
That’s not what ‘justice’ could be.
Yes, they are coming for our daughters. The rapists and now the abortion drug cartels, creating a new breed of Internet refugees.
And we thought coat hangers were risky.
March 15
Notes
1-”Where Restrictions on Abortion Pills Could Matter the Most,” March 14, 2023
2-Michelle Goldberg, “Abortion Foes Want to Make Women Afraid to Get Help From Friends,” March 14, 2023
3-”The Eyes of Texas Are Upon You”
4-Richard I. Hasen, The Justice of Contradictions, Antonin Scalia and the Politics of Disruption, Yale University Press, 2018
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