A little too much coffee and Roberts' Rules.


11 September 2021

Roe and Partisan Alignments

by Jon

[Gabriel Malor highlights a quote from Judge Thapar about the inconsistency of Roe’s jurisprudence.]

Sometimes you will hear the religious left say that the Religious Right has fallen for a charade; Republicans won’t overturn Roe, because they need the votes and the controversy to raise money and have votes to win.

Thapar’s dissent is a reminder that national abortion law isn’t set by Federal politicians. And my sense is that more and more federal judges (even Republican judges) would like to see Roe off the table. The Constitutional theory of Roe (extensions and penumbras) is an obstacle to the core of the Republican version of liberal democracy. So ending Roe is not merely the goal of religious people; capital doesn’t like rules involving penumbras and implications, either.

Ending abortion is not a goal shared by big capital, and so they are just as uncomfortable in the Republican coalition as the social conservatives are uncomforatble in league with the global capitalists. So fiscal and religious conservatives would both like to realign a little, but can’t, as long as the dichotomy between the parties is textualism versus non-textualism (progressive radicalism). Anti-textualism puts Big Business at the whim of the politicians and the masses-that-aren’t-customers; the rules can’t be trusted.

So, there’s some reason to believe Roe will end, and is not just a Republican ploy to fleece evangelical voters.