We’re in the post-Roe era

Today, the sun is setting on the era of Roe.

For those of you in a hurry: the U.S. Supreme Court has issued its Dobbs opinion, and Roe v. Wade is overturned along with its successor Casey decision. Abortion regulation is to be left to the states. Peruse the giant-sized decision at your leisure.

For those who want a deeper dive, I have some thoughts for your consideration.

The leaker and the bullies lost

Whoever leaked the draft opinion – and I’ll maintain all my days that it was an abortion-friendly Court clerk – lost a huge gamble. It backfired, even if the initial reaction was all the leaker could have hoped for. The leak sparked outrage among abortion advocates. Justices were doxxed and home addresses were made public. There was an assassination plan against Justice Kavanaugh. Bullies felt emboldened.

Five Justices stood up to all that. The vote was 5 to overturn Roe, 3 opposed, and a vote by the Chief Justice to uphold Mississippi’s law while still upholding Roe. (So that’s what a cut-rate Solomon sounds like.) Here’s to Justices Alito, Thomas, Gorsuch, Kavanaugh, and Barrett.

The bullying might not be over, and we might see it close to home. Time will tell. The Court has just given a powerful example of how to face it.

The Court did not recognize the fundamental right to life

Absolutely nothing in Dobbs‘ majority opinion recognized the fundamental right to life of each human being from the moment of conception.

I have worked my entire adult life for our laws to recognize human dignity, to support mothers as well as children, to reject eugenics, to defend conscience rights for health care workers who want nothing to do with abortion.

And here I am, cheering a decision that does none of that. We have been conditioned to set the bar low and then cheer when we clear it.

Thanks be to God that Roe was not affirmed. We move on from there.

New Hampshire remains abortion-friendly, for now

All that State House action I’ve been writing about since 2012 will keep right on going. The Dobbs decision returns abortion regulation to the states, meaning the people we elect to be our state representatives and senators and executive councilors and (God help us) governors will still be the ones to call the shots on our behalf.

New Hampshire law still permits eugenic abortion after 24 weeks of pregnancy. That won’t change. In fact, the Mississippi law upheld by the Court today had a 15-week abortion limit, with a eugenic exception. Preborn children with life-limiting diagnoses are not protected.

The New Hampshire constitution could still be amended to protect abortion – or the constitution’s “privacy” amendment could be construed by our state Supreme Court to accomplish the same thing.

New Hampshire legislators have repeatedly rejected conscience protections for health care workers who choose not to be involved in abortion. That’s okay under Dobbs.

Our parental notification statutes and ban on partial-birth abortion could be repealed by our legislature. That’s okay under Dobbs, too.

Buffer zone laws consistent with past Court decisions will remain on the books. So will unenforced buffer zone laws like New Hampshire’s.

Also fine and dandy under Dobbs: refusal to collect abortion statistics – refusal to require making sonogram images available (not mandated, but available) to abortion-minded women – giving state dollars to abortion providers.

In other words, citizen activists will still need to beat a path to hearings in Concord every single session. If they don’t, abortion advocates will prevail. Simple as that.

Pregnancy care centers will become more crucial than ever

The growth and strengthening of the network of pregnancy care centers in New Hampshire has been a bright spot in Granite State culture. These abortion-free agencies go far beyond crisis pregnancy management. They support pregnant and parenting women and their partners as far as resources allow, with most of those resources coming from private donors.

Ironically, in the days following the leak of the draft Dobbs opinion, some of those pregnancy care centers in other states were subject to attacks.

In the face of opposition, it’s time to redouble the efforts that have brought pregnancy care networks this far.

At least one party will handle Dobbs to its advantage

Indie voter speaking here: please, GOP, don’t screw this up by dodging Dobbs.

The Democrat party, from its national leadership down to its New Hampshire town committees, has been consistent in its abortion-friendly messaging. As an activist, I recognize political savvy when I see it, even if it’s in the service of something dreadful. Look for apocalyptic pronouncements from candidates about how Dobbs undermines women and threatens the Republic. Look for tightly-focused attacks on any Republican who’s squishy on the right to life.

As for those squishy Republicans, if their response to Dobbs is to try to shift focus to inflation and the economy, they’ll get what they deserve. Unfortunately, so will their constituents. Then the Dobbs-dodging candidates will wonder why 40% of New Hampshire voters refuse formal affiliation with either party.

Nonviolence: walk the talk

Public pro-life witness is likely to become riskier. Our response to provocation has to be more than “be nice.” It’s time to move past talking about nonviolence as a mere theoretical tactic.

Are you ready to surrender your natural right to self-defense if you’re physically attacked for defending life? Are you ready to practice nonviolence in speech as well as action? Are you ready to be arrested for nonviolent public witness, or are you worried about how that would affect your job or your reputation? Are you prepared to document events when you’re on the scene of a challenge to peaceful witness? Are you prepared to help protect vulnerable facilities whose workers and volunteers are providing life-affirming care? Are you prepared to organize carpools and vanpools and busloads of pro-life allies to public hearings? Are you prepared to “speak life” in season and out of season, in a manner worthy of the goal? Are you ready to financially and spiritually support allies whose nonviolent defense of life leads to job loss or worse?

These are personal decisions, but they’re best made with a supportive well-grounded group. I think churches are uniquely positioned to teach and support nonviolent public action. If they won’t do the job, let our secular pro-life neighbors lead.

A culture of death won’t be overturned by people being nice. It won’t even be overturned by a Court, although a Court can make helpful decisions. Only love can prevail – love that’s sometimes disruptive, always sacrificial to some degree, always risky, often shown in little day-to-day things, courageous even when my knees are shaking.

Nonviolence is the fruit of love like that. First things first.

I’m grateful for the Dobbs decision, even with its limitations. Now let’s get moving. See you at the State House.

U.S. Supreme Court to hear challenge to Roe on December 1

The state of Mississippi enacted a law in 2018 restricting abortion after 15 weeks’ gestation. It was challenged in court (of course). The case, called Dobbs v. Jackson Women’s Health Organization, has reached the U.S. Supreme Court. Oral arguments are scheduled for December 1, with a decision to be handed down in 2022. The Court will be asked to rule on whether states may enact any pre-viability abortion restrictions.

This gives the Court a chance to overrule Roe and Casey. It also gives the Court a chance to affirm them.

For all the recent agitation that has accompanied the nomination and confirmation of Supreme Court Justices, no one knows how Dobbs will come out.

I’ll be traveling to Washington, DC on December 1 to stand outside the Supreme Court beside pro-life activists from around the country urging the Justices to let the Mississippi law stand. Discount airfare, one-day trip, pack a lunch: no sweat. For me, it’ll be like the March for Life seven weeks early.

For those staying closer to home, a coalition of Christian groups is organizing an online prayer event to be held on November 18 at 8 p.m. Eastern time. From the event’s invitation:

Join Catholic, Orthodox, and Protestant Christians across the country coming together online to pray for the Dobbs v. Jackson Women’s Health Organization case. This is the case that could could overturn Roe v. Wade—the Supreme Court decision that made abortion legal in all 50 states. This historic online gathering will bring together Christians across denominations. Together, we will pray for a just outcome that protects millions of preborn babies and their mothers. Jesus says, “where two or three are gathered together in my name, there am I in the midst of them” (Mt 18:20). Join us!

Find the flyer for the November event at prayfordobbs.com. There’s also a printable information sheet about the Dobbs case. Share freely.

One needn’t be Christian to recognize the right to life, and groups like Secular Pro-Life are supporting the Mississippi law. There’s room for everyone to urge the Court to move past Roe.

On Judge Barrett

As one Catholic woman to another, I send my best wishes to Judge Amy Coney Barrett as the U.S. Senate votes on her nomination to the Supreme Court. 

I don’t know how she’d vote on a direct challenge to Roe v. Wade, and neither do you. Even so, I think every objection to her nomination comes down to one thing: the possibility that she might have even the teensiest reservation about abortion. Any objections to her faith I’ve encountered are all about that. It’s not that she’s Catholic; it’s that she might take Catholic teaching on the nature of abortion and conscience rights seriously.

That’s “might.” One may hope.

Read the rest of the post at ellenkolb.com.

Justice Ginsburg, RIP

U.S. Supreme Court Justice Ruth Bader Ginsburg has died at the age of 87 after a long period of declining physical health. She had long been the Court’s most outspoken and passionate defender of abortion.

She’s in the hands of merciful God. Perhaps she’s now picking up the thread of a conversation with her fellow Justice and firm friend, the late Antonin Scalia.

I can’t think of any judicial figure who has done more over the past couple of decades to inspire me and spur me on. She wouldn’t quit. She was awesomely, incredibly tenacious. I’ll carry an indelible memory of her in the news, in robes and lacy jabot, gaunt from cancer but sharp of wit and mind.

She constantly and implacably rejected the right to life even as she promoted what by her lights were the rights of women. It’s one of history’s great ironies that she’ll go down as a women’s rights advocate, when her advocacy was clearly based on the assumption that no human being, male or female, had a right to live until granted one by someone else.

Even so, I think pro-life activists can learn from her.

Don’t live behind an intellectual or emotional moat. Have a life. Love your family. Cherish your friends.

Don’t let anyone else tell you you’re wrong when you know perfectly well there’s injustice going on.

Speak and write intelligently, persuasively, and without apology. That’s “and,” not “or.”

Don’t expect anyone to fight your battles for you. It’s fine and necessary, however, to cultivate allies to fight your battles with you.

Persist. Then persist some more.

A tall order, perhaps, but Justice Ginsburg was up for it. Can anyone defending life settle for less?

Little Sisters at the Court: a good day

The U.S. Supreme Court tiptoed its way through a jungle of administrative law to hand another victory to the Little Sisters of the Poor. Some people just can’t stop insisting that nuns help provide birth control. In this case, it was the state of Pennsylvania, which deservedly lost on a 7-2 vote

Or, in the words of a headline from CNBC (a business network, mind you): “Supreme Court says Trump administration can let religious employers deny birth control coverage under Obamacare.”

Let me fix that for them: “Supreme Court tells Pennsylvania to get its hands out of nuns’ pockets,” or “Supreme Court recognizes religious liberty interests of Catholic women,” or “Supreme Court says government cannot impose ruinous fines on Little Sisters of the Poor,” or even “Supreme Court lets employers stay out of employees’ private decisions involving sex.”

Read the rest of the post at ellenkolb.com.