Tomorrow a bunch of new laws will be taking effect here in Montana including 4 new laws restricting access to abortions (so much for Montanans being able to make their own decisions about their lives!) and one allowing motorcycles to lane split when traffic is going slow. Given that there is already no helmet law in Montana, I would expect next year will see an increase in dead motorcyclists given this law! As for me, my big old HOG and I will just quietly (well, maybe not so quietly!) stay in our lane.
But that’s not what I wanted to talk about today. All eyes today seem to be on the negotiations going on in Congress regarding the infrastructure package that the Biden administration is trying to pass and the effort to raise the debt ceiling so the United States does not default on its debt for the first time in its history. And, of course, we have the ongoing effort by Trump to propagate ‘The Big Lie’ which, in my opinion, is just an effort to lay the groundwork to be able to overturn any future election with which the Republicans disagree.
However, there are several cases that will be heard during the 2021-2022 Supreme Court session that could have significant impacts on the future of this country. Even Justice Sotomayor has issued a warning of sorts that the Conservative majority now controlling the courts could issue some rulings that, although unpopular, will likely significantly alter the current judicial and legal landscape in this country.1 Two of these cases, in particular, highlight the hypocrisy that is rampant across the Republican party
The Supreme Court is set to hear Dobbs vs. Jackson’s Women Health Organization which could very well result in the complete overturn of the 1972 decision Roe v. Wade that made access to abortion legal.
In 2018, Mississippi enacted the Gestational Age Act, which prohibits abortions after 15 weeks of gestation except in cases of medical emergency or severe fetal abnormality.
The state legislature set forth two findings in the law: 1) 75% of all nations do not permit abortions past 12 weeks’ gestation, and 2) an unborn human’s heart starts beating after five to six weeks’ gestation and by nine weeks all “basic physiological functions are present.”2
The second case that will be argued in front of the Supreme Court is, New York Rifle & Pistol Association, Inc v Bruen. In this case, the two petitioners, Robert Nash and Brendan Koch, were denied permits in New York to carry concealed handguns. The State argued that the two did not demonstrate ‘proper cause’ to justify carrying a concealed weapon. If the Supreme Courts rules in favor of the plaintiffs it will basically be saying that all that is required for someone to get a permit to carry a concealed weapon is to declare it is for ‘self-defense’. [In Montana, and a few other states, a concealed carry permit is no longer required. Any Tom, Dick or Harry can carry a concealed weapon almost anywhere, including on college campuses]. As I pointed out in a previous post, this nation has more guns than people. Mass shootings are up and gun violence deaths are increasing. Quite frankly, this Supreme Court decision could well be more consequential than a decision on Roe v. Wade.
I don’t know how many of you have ridden the subway system in New York city or walked around Times Square and Grand Central Station, but at busy times these places are a mass of humanity and it is inconceivable to think about some percentage of those people carrying concealed weapons. It just boggles the mind that anyone in their right mind thinks this is a reasonable thing in a civilized society.
As I said earlier, this just demonstrates the hypocrisy within the Republican party. In the abortion argument, they state that 75% of nations don’t allow abortions past 12 weeks of gestation. Of course, if one looks at wealthier, industrialized nations, that figure changes dramatically. Access to abortion is widely available in the European Union except for a handful of countries. However, if the Conservatives want to use the argument that some huge percentage of the nations don’t allow abortions at some level, then how can they overlook the fact that an even large percentage of nations have way more restrictive gun laws than the United States?
To add to this insanity, the majority of Americans do not want Roe v. Wade overturned and want women to continue to have access to abortion and view it as a personal decision. In addition, the majority of Americans would like to see reasonable gun laws enacted. And yet, it is quite possible that the Supreme Court could issue rulings that are in disagreement with the majority of Americans and will no doubt lead to more Americans needlessly dying.
If the Supreme Court rules in favor of the plaintiffs in the Second Amendment case, fast forward to a future time when anyone who declares they need a concealed carry permit for self-defense can get one. And then imagine a crowded subway platform in New York (or any other city). There is a disagreement and two individuals pull out weapons and start firing. How many innocent people will likely get killed or injured because of the insanity of this? I don’t believe this is the type of scenario the Founding Fathers envisioned when they wrote the Second Amendment.