We’re not at that point yet, but as predicted by several political pundits, forced-birth states are working on ways to stop women leaving to get abortions elsewhere.
“An elective abortion performed in Alabama would be a criminal offense; thus, a conspiracy formed in the State to have that same act performed outside the State is illegal,” according to a brief filed by Alabama state attorneys arguing they can prosecute anyone who helps Alabama women get out-of-state abortions. A state statute says Alabama can charge people for “crimes” they commit in states where their actions are legal; this is debatable legal territory but even if they lose at the end, they can cause women more grief.
Current Alabama law targets people who help the pregnant woman but Jessica Valenti says the brief also claims restricting women’s travel to protect the fetus would be legit. It would make perfect sense, given all the movement’s talk about not prosecuting mothers is bullshit. Indeed, Rep. Ernie Yarbrough just introduced a bill that would allow prosecutors to charge women with murder for getting an abortion.
The forced-birth response to the voter backlash is searching for bullshit that will play better with voters such as dropping the “pro-life” label as it’s become toxic (Alexandra Petri mocks that idea)? Or emphasize how much the movement cares for women (which is another lie). Or claim Dem policy is to allow abortion right up until birth. Newt Gingrich says 30 days after birth.
Wisconsin misogynist Bill Krueger, for another example, opposes life of the mother exceptions: if she dies, it’s God’s plan! But his forced-birth group is talking about how to reframe abortion bans so they don’t lose elections over them. He isn’t talking about moderation, he’s talking about lying about the true agenda.
For another (alleged) liar, there’s Sandra Merritt, who tried and failed to prove Planned Parenthood profits from selling aborted babies. According to right-wing Liberty Counsel (not a direct link) she’s a brave truth-teller revealing how “the bodies of innocent children are used to heat our houses (as with the D.C. clinic) and fuel our medicine.” No surprise, especially when Liberty Counsel’s Mat Staver has no qualms about spreading anti-vax bullshit.
Sen. Tommy Tuberville, who claims Democrats want to pay reparations to criminals, objects to the VA giving free treatment for prostate cancer, and objects to excluding white supremacists from the military has also blocked 300 military appointments, including the chiefs of some services, because the Pentagon pays for travel if women can’t get abortions where they’re stationed.
In Texas, several towns have said nobody can drive along their roads if they’re taking someone to get an abortion — it’s “abortion trafficking,” just like sex trafficking and nobody good supports sex trafficking, right? It uses the same mechanism as the Texas anti-abortion law, empowering private citizens to sue.
Abortion doctors in Texas say the state’s laws and the vagueness of the life-of-the-mother exemptions make maternity care a train wreck: “Women will be injured and women will die – again – without access to healthcare,” although some of the doctors interviewed are doing their best to work around it. Others are leaving the state. It’s happening all over forced-birth states.
Which is why Scott Lemieux concludes reframing is a dead end: “Republicans abortion policies produce real and bad material effects on many people, and different marketing isn’t going to make people like what’s happening any more.” Josh Marshall points out even Mike Pence isn’t proposing more than a national 15-week ban (though in the unlikely event he won, I’m sure Pence would course-correct).
But the effects of Dobbs will be around for a long while. Fingers crossed that pro-choicers taking to the courts will improve things.
For more on why anti-abortion and anti-contraception arguments are crap, Undead Sexist Cliches is available as a Amazon paperback, an ebook and from several other retailers. Cover by Kemp Ward, all rights remain with current holders.
