Breaking Down the NIFLA v Becerra Decision
Posted on June 26, 2018
Every day we (attempt to) rally the troops to join us in arms in the fight to protect reproductive freedom. We brandish our sword, ready to fight those who would attempt to thwart safe, legal abortion. We shout and march and protest and we ridicule the fools who think that reproductive justice is negotiable.
But today, we heard something that made us stop in our tracks. See, abortion to us is such a huge issue, it carries this huge weight of importance and power. But when we were discussing our “loss” in the NIFLA v. Becerra case, someone brought up that the real issue is that the majority opinion argues that “abortion” is inherently controversial. And it’s not. It’s a medical procedure.
Anti-choice dillweeds assign “controversy” to it. They’ve long rallied against it as the source of all evil, but at the end of the day it’s, just a legal (SAFE) medical procedure. It’s a legal, safe medical procedure performed on a lot of people, every single day. It’s not actually that controversial. Getting your kidney removed isn’t controversial. Cleaning your teeth isn’t controversial. Abortion isn’t controversial. And if a COURT OF LAW can’t even MENTION the word “abortion” without saying it has to be controversial then… yeesh… what hope do the rest of us have?
Sure, there’s a lot of HEATED DEBATES around the procedure… but why does a legal, safe, established procedure have to keep fucking defending itself?? How crazy would it be if people were protected from talking about kidney surgery, or FUCKING VACCINES, because, well, you know, some people are against those things, so we have to respect those idiots and not offend them by even talking about it.
The NIFLA v. Becerra decision today is bad. Just listen to what naughty bitch Kennedy said in his concurring opinion: “the State requires primarily pro-life pregnancy centers to promote the State’s own preferred message advertising abortions.” OK, but this AGAIN brings up the whole “controversial” thing. You wouldn’t say “the state’s message ADVERTISING colonoscopies,” or “ADVERTISING breast cancer screenings.” Abortion is a medical procedure. You don’t even really fucking advertise for it. You just advertise that you’re a place that exists that performs it.
The human equivalent of the “Retire Bitch” meme, Kennedy continues, “Governments must not be allowed to force persons to express a message contrary to their deepest convictions. Freedom of speech secures freedom of thought and belief.” BUT let’s be clear, all the signs they are posting require them to say is that California provides free and low-cost services, including abortion. That is JUST A FACT. It is NOT controversial. No one believes that abortion doesn’t exist (just that it shouldn’t). They’re not required to say “ABORTION IS THE BEST.” But because they’ve determined that abortion is He Who Must Not Be Named, for some reason WE are forced to pretend it’s this huge controversial thing that we have to be sensitive to them about. Anti-choicers are like petulant children who think the world is required to bow down to their opinion or they’re not gonna stop screaming!
Justice Breyer (IN DA DISSENT) understands that “the majority, for example, does not explain why the Act here, which is justified in part by health and safety considerations, does not fall within its ‘health’ category.” CORRECT! It is a HEALTH issue, and it’s complete bullshit that the anti-choicers have decided to reframe it as a “free speech” thing. Breyer adds, “Abortion is a controversial topic and a source of normative debate, but the availability of state resources is not a normative statement or a fact of debatable truth.” Gah ok, we’ll give it to him. Because while as a topic it might controversial (like skinny jeans) as a procedure, it’s just a fact.
Breyer also writes, “Medical professionals do not, generally speaking, have a right to use the Constitution as a weapon…” We think this is frickin’ brilliant. That’s exactly what these anti-choicers are doing, YELLING “free speech” like it’s some kinda pipe bomb that could go off at any moment. They’ll yell “free speech” when anyone gets in their way, annoys them, tries to reason with them.
UGH AND WE HAVEN’T EVEN TALKED ABOUT HOW FUCKING THOMAS ARGUED THAT BECAUSE THESE FAKE CLINICS DON’T ACTUALLY OFFER A MEDICAL PROCEDURE THEY CAN’T BE FORCED TO SAY THINGS BUT PLACES THAT DO OFFER PROCEDURES STILL ARE! OR THE FACT THAT A FUCKING MAN ARGUED THAT THERE’S NO WAY TO TELL IF THESE FAKE CLINICS TRICK PEOPLE BECAUSE I GUESS HUNDREDS OF AMICUS BRIEFS DON’T COUNT OR SOMETHING.
Today is also a good reminder that SCOTUS has moved away from what it’s supposed to be, an objective group that interprets the Constitution, to the ultimate horror show of using your already held political beliefs to twist the Constitution.
We have to fight back, and we will! Today we’re rallying in Washington Square Park! We’ve created a human fake clinic to explain how these zygote huggers lie to patients and deceive them! Come out to show your support at 6pm… or if you’re feeling particularly feisty, come at 5 and join in the performance with us!
All fired up and want somewhere to go?
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