Saturday, November 2, 2013

Musings of an Angry Feminist

The Constitutional test known as the “undue burden” standard dates back to the 19th Century.  In one of its most recent iteration Sandra Day O’Connor gave voice to the standard - City of Akron v. Akron Center for Reproductive Health, 462 US 416 (1983) - when she wrote: "If the particular regulation does not 'unduly burden' the fundamental right, then our evaluation of that regulation is limited to our determination that the regulation rationally relates to a legitimate state purpose." 
In plain English, when the United States Court of Appeals for the 5th Circuit in New Orleans upheld Texas’ monstrous abortion law they may have upheld Texas’ unconstitutional and accordingly unlawful overreach in placing an undue burden upon Texas women with regard to exercising their reproductive freedom under Roe v. Wade.  While this bloody tyranny is hashed out over the coming months by people safely removed from reality in their long black robes, flesh and blood women may well die. They will not die easy.  I have seen death by back alley butcher and death by coat hanger.
I am of the opinion that we should begin to keep morbidity and mortality statistics starting as of this date to record those deaths.  We should think about the legislators who crafted and passed the legislation, not to mention that pathetic excuse for a governor who signed it into law, as legally and morally responsible for those deaths resulting from their premeditated, unconstitutional and illegal abuse of power.  To wit: when someone dies in the commission of a crime that death can be viewed as murder.  Now I realize that these sidewinders enjoy some measure of immunity while holding office.  However, I doubt that it extends to homicide.  Let us redefine the argument women.