Republicans Practicing Gynecology Again

Yelp reviews are very unfavorable - time to get busy

The Alabama Supreme Court issued a ruling on February 16, 2024 declaring that frozen embryos created by IVF (in vitro fertilization) should be considered children, thereby criminalizing destruction of these microscopic cells. To be even clearer, the specific charge in the legal case, where some embryos were accidentally destroyed, was the “wrongful death of a minor.” The court ruled that Alabama’s Wrongful Death of a Minor Act applies…. “to all unborn children without limitation. And that includes unborn children who are not located in utero at the time they are killed.” Not surprisingly, clinics practicing in vitro fertilization (IVF) immediately ceased practicing in vitro fertilization, at least the sperm-meets-egg fertilization step (some continue to harvest eggs from hopeful mothers-to-be).

I’ve already written about this “life begins at conception” nonsense in my post “Pro-life” is a Joke so I’ll just say this latest Republican Party intrusion into gynecology doesn’t surprise me at all. Nor should it surprise anyone. But I have been fascinated with how prominent Republicans seem so thoroughly stumped at how their decades of singing along from the same hymnal with radical Christians and their “pro-life” propaganda could have resulted in one more insanely cruel intrusion into the private hopes and dreams of vulnerable women (and men). And so, the frantic retreat is on.

A memo from the National Republican Senatorial Committee, a campaign organization, said… “When responding to the Alabama Supreme Court ruling, it is imperative that our candidates align with the public’s overwhelming support for IVF and fertility treatments. By advocating for increased access to these services, opposing restrictions, and emphasizing the importance of supporting families in their journey to conceive, our candidates can demonstrate compassion, respect for family values, and a commitment to individual freedom.” In other words, now that we know there is “overwhelming support for IVF and fertility treatments” we had better pretend we’re all for it too — that going down this road was some sort of accident, an innocent mistake. And unfortunately, in these times, way too many potential voters might forget how this, and similar “accidents” like forcing 10-year-old girls to carry a baby, did happen. Let’s remind them and see if we can get motivated to end this insanity.

The Alabama IVF decision is just one more outcome from the Dobbs v Jackson Women’s Health Organization decision on June 24, 2022, which overturned the protections of Roe v Wade and set state legislators and partisan courts loose to impose their theocratic ideals on us all. The march toward the Dobbs decision was decades long, but the tide turned in 2016 and the repercussions, whatever they may be, must fall on the wrinkled little head of Mitch McConnell, Senate leader after Republicans won a Senate majority in the 2014 mid-term elections. And in practical terms it started with the sudden death of Republican-appointed conservative Justice Antonin Scalia in February 2016 leaving the surviving Justices equally divided, more or less, between conservative and liberal, 4-4.

In mid-March 2016 President Obama routinely nominated Merrick Garland to replace Justice Scalia and in a startling display of ethical malpractice McConnell and Chair of the Senate Committee on the Judiciary Lindsey Graham refused to ever conduct confirmation hearings citing their view that the 2016 election, eight months later, was “too near”— that voters should have the final say. Notably (remember this), Graham said, I want you to use my words against me. If there's a Republican president in 2016 (there was) and a vacancy occurs in the last year of the first term (it did), you can say Lindsey Graham said let's let the next president (Joe Biden), whoever it might be, make that nomination. Graham also faked concern about the “politicization of the judiciary” stating…. I worry about that. That’s why I think the 60-vote requirements [to confirm Supreme Court nominees] are good because it requires both parties to get a handful of votes. And so, the “should be” 5-4 liberal court remained for eight long months 4-4 until Donald Trump’s surprise victory in November.

Eleven days after taking office in January 2017 Donald Trump nominates conservative Neil Gorsuch to replace Scalia. Republicans, including Lindsey Graham of course, immediately repealed the 60- vote requirement (to prevent politicization of the judiciary) for confirmation and the “should be” 5-4 liberal court once again became a 5-4 conservative court. On the question of Roe v Wade Gorsuch said, I would tell you that Roe v. Wade, decided in 1973, is a precedent of the U.S. Supreme Court. It has been reaffirmed. The reliance interest considerations are important there, and all of the other factors that go into analyzing precedent have to be considered. It is a precedent of the U.S. Supreme Court. It was reaffirmed in Casey in 1992 and in several other cases. So a good judge will consider it as precedent of the U.S. Supreme Court worthy as treatment of precedent like any other.

In late July, 2018, Justice Anthony Kennedy retired, and Donald Trump nominated Brett Kavanaugh, who was confirmed in spite of credible testimony about abusive behavior, keeping the “should be” 5-4 liberal court a 5-4 conservative one. On the question of Roe v Wade Kavanaugh said, that it is settled as a precedent of the Supreme Court, entitled the respect under principles of stare decisis. And one of the important things to keep in mind about Roe v. Wade is that it has been reaffirmed many times over the past 45 years, as you know, and most prominently, most importantly, reaffirmed in Planned Parenthood v. Casey in 1992.

On September 18, 2020 — 6 weeks and 3 days before the 2020 Presidential election — Justice Ruth Bader Ginsberg died. Eight days later President Trump nominated Amy Coney Barrett to replace Justice Ginsberg and to the surprise of absolutely no one, after more than four years of complete capitulation to cowardice and dishonesty, and exposing Lindsey Graham’s extraordinary hypocrisy, McConnell gave the “all clear” to proceed with the hearings. Barrett was confirmed on October 26, 2020, exactly one week before the Presidential election. At that point, the “should be” 5-4 liberal court after Biden’s inauguration, became today’s 6-3 conservative court. On the question of Roe Barrett said, I will follow the law of stare decisis, applying it as the court is articulating it, applying all the factors, reliance, workability, being undermined by later facts in law, just all the standard factors. And I promise to do that for any issue that comes up, abortion or anything else. I’ll follow the law.

Less than two years later the three Trump appointed Supreme Court Justices, all of whom intentionally lied, to a greater or lesser degree, about their position on Roe v Wade in confirmation hearings and in private meetings with Senators, were the key votes to completely overturn this almost 50- year precedent protecting abortion rights. Stare decisis in ille cultus! Since that decision in June 2022 we have watched as Republican state legislatures act again and again to prohibit abortion in the most extreme ways possible — maternal health, rape, incest….too bad. Miscarriage…. prove it. Private medical records….hand them over. Next up - IVF. There are lessons beyond the obvious for us all in these details that Democrats need to learn.

First, and foremost, there is no limit. We currently have the leading Republican candidate for president in 2024 angling to return to his own kleptocracy fully backed by a congress, a Supreme Court and many state legislators with holy visions of a Christian theocracy. Trump’s motivation, of course, is only to serve himself. The other Republican “public servants” are fulfilling their special assignment from God. Neither will allow something as petty as a unique multi-cultural democratic republic to interfere — sociopathic narcissists and holy warriors would be near the top line on any list of unpersuadables. Stop underestimating where this Republican Party is willing to go.

Secondly, it’s lies, lies, lies and more lies. They lie to me, they lie to you, they lie to their constituents, they lie to each other, they have lied for decades and their voters don’t seem to mind — the entire march to overturn Roe v Wade was a parade of lies, most notably the enduring claim of “pro-life.” Today Texas lawmakers are scrambling to enact legislation to “protect” IVF (from their own Supreme Court). It’s just one more lie. Recall the directive to Republican candidates from the National Republican Senatorial Committee — “…….(by) opposing restrictions, and emphasizing the importance of supporting families in their journey to conceive, our candidates can demonstrate compassion, respect for family values, and a commitment to individual freedom.” Notice the phrase “…our candidates can demonstrate….” — a playwright’s stage direction to actors.

Thirdly, it will not get better on its own! A slimy and sneaky guy like Mitch McConnell is not nearly slimy and sneaky enough for Republicans today — in November (he just announced he is relinquishing his Senate leadership post) he will be banished to irrelevance in the Senate as that body looks for a new leader who can get instructions directly from conversations with God in the same manner as House Speaker Mike Johnson. McConnell will finally have time to work on his book, How I Helped Donald Trump Destroy My Republican Party, assuming Trump doesn’t need him to bus tables in Mar A Lago’s dining room as a reward for blocking a Senate conviction on his second impeachment. Republicans over many decades kept the crazies outside — now that they’re inside they will not go away peacefully.

Finally, Democrats need to get with the game. They let Roe v Wade stand on wobbly legs for years as the bulwark against the anti-abortion mob rather than find a suitable compromise among their divisions that could have moved legislation to take over that role. They’ve kept hands off the email filibuster when in power, not quite realizing that Republicans will dump it in an instant when it serves their purpose. And while the question of whether the Supreme Court is acting to protect Trump from trial before the 2024 election is uncertain (by adding months of delay in their latest move to take up Trump’s claim of Presidential immunity) I believe his “January 6th” trial and others are coming so late — more than three years after the crimes — because Merrick Garland and Joe Biden couldn’t imagine Trump would have the audacity and the political support to run for office again. They wanted to be cautious, to wait for the House Committee investigation, to give Trump adequate time (years) to return classified documents and maybe to even let the whole thing evaporate without such an extreme action as prosecuting a former President being necessary. Welcome to the new world of MAGA politics — custom, ethics, honor, honesty, shame all optional.

I’m certainly not suggesting that the Democratic party abandon custom, ethics, honor, and honesty completely. But expecting any of that from this Republican Party is a fool’s errand. You’re on your own. How many times have I heard progressive pundits urge caution because “Republicans might do the same thing when they have control.” Spoiler alert — they will do anything and everything that they think might benefit them. Your reticence does not make you honorable in their eyes — it makes you a sucker. You may not have noticed, but for almost four years they have gone all in — media, lawmakers, the RNC, religious leaders, think tanks — to successfully convince a solid majority of their voters that the 2020 election was stolen by Democrats, that the foundation of our system of government is corrupted! And you worry that modifying the filibuster such that one email can’t shut down the entire deliberative legislative process is going too far? Stop bringing a knife to a gunfight! Get Real! Get serious!

First, get rolling with an all-out campaign to win the Presidency, House and the Senate in November. Send out those young and dynamic governors and lawmakers to make the case, for 2024 and beyond. When in power consider some more aggressive possibilities — enlarge the court by adding back the two SCOTUS justices McConnell stole (and maybe one more for good measure), impeach Clarence Thomas for declining to recuse on issues directly involving his wife’s role in the attempted overthrow of our government (he won’t recuse), investigate Jared Kushner over that $2 billion gift from the Saudi’s, start a serious process toward abolishing the Electoral College, make the filibuster require some effort, revoke tax-exempt status of churches that have become political clubs, expel members of Congress who participated in the 2020 coup plot, save the “Dreamers,” regulate online and cable media and, of course, rescue the protections of Roe v Wade. It’s time to make Republicans suffer at the polls and in the Congress, and it’s time to leave Donald Trump and MAGA as nothing but an unfortunate skid mark on the underwear of American history. Do you not yet understand that this minority is intending to take over — they have a plan. You need to have a plan too!