I'm not a Republican, but I think you can make strong points without the inflammatory rhetoric. In fact, I think your rhetoric weakens your argument--Republican women obviously aren't biologically different from Democratic or independent women, they can all suffer from ectopic pregnancy, and Republican women would have the most to lose considering they're presumably more likely to live in states where these laws are passed. Moreover, to the point of this thread, the proper solution is legislative (at the national level) rather than judicial--pass reasonable abortion legislation at the national level.
By "Republicans" of course I mean "Republicans in power who are writing and passing these laws". They largely affluent and largely male dominated. Insofar as women in power are passing these laws, those who will need an abortion will be unaffected by the laws they themselves pass, because they will be able to afford to travel to a jurisdiction where abortion is legal. I predict approximately 0 people who have passed these laws will abide by them if their life is on the line.
I see no indication Republican women radically differ from Republican men substantially on this issue, at least in the polls I've seen. And if there were, there are enough prominent Republican women that would be able to speak up on the issue.
So I think your simplistic take of "patriarchal Republicans oppress women again" is probably a couple of generations late.
Lt. Gov. Janice McGeachin is 59 years old. I don't think she will be affected by a ban on abortion. If she does somehow need an abortion, I'm sure she'll get one in Canada or Washington. As for the poorest women in her state, they will not be able to afford such a luxury, and therefore have to live with the consequences of McGeachin's position while McGeachin herself will not. That's my point.
You are desperately grasping at straws. There are many conservative young women. Of course a prominent politician would be on the older side - where would you see a 20-year old governor (or lt. governor)? It takes time to climb the ladder. You point is wrong - McGeachin has this position not because it doesn't affect her personally, at least not primarily so, but because a lot of people in her state - yes, including a lot of women, check any serious poll and you'd see women and men differ very little at that question - support this position, and the is the politician that aligns with those people. You may completely disagree with them, and that's fine, that's what the democracy is for - but don't make it about sexism, or age, or anything like that, because it isn't about that at all.
Claiming that laws specifically targeting women's bodies are not about sexism at all is what looks like grasping at straws to me. I think maybe your mistake is believing that someone can't be sexist against their own sex.
Women are specifically targeted by these laws, they will face punishment due to these laws, and they will in fact die because of these laws. Their economic prospects will drop. Single women and their children will fall into poverty at faster rates. We know all these things will happen because the opposite happened when Roe was decided. This isn't a mystery to anyone.
> McGeachin has this position not because it doesn't affect her personally ... but because a lot of people in her state ... support this position
I'll remind anyone reading this that the Idaho GOP just voted to exclude support for a life-of-the-mother exception to their party's official platform. I highly doubt the majority of women agree with that, even in Idaho. That is a very extreme position. We'll have to wait on the polling to come out on that because it just happened this weekend.
But sure, let's just say for the sake of argument they do actually hold that position.
What I'm saying is that every woman who supports this position and needs a lifesaving abortion will either leave Idaho to get an abortion, or die in Idaho because they couldn't afford to leave. McGeachin and everyone she loves and cares about will be in the former group, I guarantee you that.
> Claiming that laws specifically targeting women's bodies are not about sexism at all is what looks like grasping at straws to me.
Nope. You need to understand the difference between "law affecting women because the matter in question is women" and "law affecting women because somebody wants to hurt women specifically". The abortion regulation can not be not about women (weird exceptions excluded) - it doesn't mean it is based only on the desire to subjugate and oppress women, this is just a stupid take that reduces everything to a bumper sticker.
> and they will in fact die because of these laws.
Nope, they won't. Idaho GOP position is not the law and I don't think it's likely it will become the law. The actual law is different and does not preclude pregnancy termination if it is necessary for saving woman's life. Women may die because they would make a decision due to these laws - e.g. to seek an illegal and unsafe abortion instead of, e.g., carrying to term and giving the child for adoption - but there would be always conscious choice and action involved. Again, you are confusing regulation that concerns women - because, obviously, any abortion regulation would - and one that is designed to hurt women, which it is not.
> I highly doubt the majority of women agree with that, even in Idaho.
I do not know about the majority, but I am sure some do. In any case, again, the reason why they take this position is not because they hate women, and until you realize that, you won't understand anything about their positions. Maybe you don't want to, but I am here to tell you your position is wrong. Maybe you don't care to know the truth - that's also your choice.
No, I think that the simplistic take still has the sting of truth about it.
As https://news.vanderbilt.edu/2018/09/14/age-race-and-gender-s... says, demographics of party support are that the Republican base is dominated by older men, while the Democratic base is dominated by younger women. Therefore Republicans really are going to have an institutional bias against issues that affect young women.
This can be seen by Republican opposition to abortion, childcare issues, and vaccinating against HPV (which causes cancer in women).
Republicans also opposed Medicare and Social Security expansion, so by that logic they hate older people too.
"Institutional bias" is a meaningless phrase that does not explain anything. Conservative positions and their sources are well known and do not need any magic invisible (or visible only to the left, magically) properties to explain. It is not a huge surprise why conservative Christians don't like abortion - they have been talking for decades why, and one needs no magic "bias" to understand that argument, even if you disagree with it. Introducing this just makes the whole political discussion weird - people tell you "we think so and so because of this and that" and you tell them "no, in fact you don't think this, you are just not completely sane and affected by 'bias', which you can not see but I can, so let me explain what you truly think and why!". That doesn't sound like something that can lead to anything sensical.
It is true that older people tend to be more conservative, statistically - but it is just silly to reduce all the gamut of political opinions and ideologies to that one thing.
What you are arguing is that, "The fact that their rhetoric doesn't agree with the take means that the take has no validity."
This form of argument is always available, and always meaningless. For example Russian rhetoric is that they are fighting Nazis, and not that they are attempting genocide. That doesn't change that they are attempting genocide.
In the case of Republicans, we have a group of mostly older white men. Most of whom agree with a set of cultural values around family, marriage and so on. For example in polls, Republicans are over 1.5 times more likely than Democrats to say that women should stay home and not work. It is no surprise that Republicans are far less likely to support programs to give women access to child care for the purpose of working. Republicans are generally opposed to abortion. Republicans are far less willing to accept that unmarried women should enjoy sexual freedom, cohabit without marriage, and so on.
Republicans will cite a variety of sources for these positions, such as the Bible. But what it adds up to is that Republicans broadly support traditional patriarchal positions about the role of women, while opposing social changes and policies that most women would like, and feel gives them more freedom to live their lives as they will.
It is not horribly unreasonable to describe this as, "patriarchal Republicans oppress women again." No matter how much that does not fit the stories that Republicans tell about themselves.
What I am arguing is that using some magic invisible entities like "institutional bias" makes possible to prove anything you want - and by that, proves nothing at all. Instead of trying to seek the real causes of event, you just say "oh, it's those white males and their institutional bias, nothing to think about here". That's a lazy and nonsensical take.
> In the case of Republicans, we have a group of mostly older white men
Here you are purposely confusing between "majority of them" and "all of them, or at least all worth considering". It's like saying "Americans are mostly white". Demographically, it's true, 73% of Americans are white, but continuing the conversation while ignoring the other 26% would be pretty much not talking about America. Also, 50.5% of Americans are female - the majority. Would it make sense to talk about America as "the country of white women" and ignore all others?
> Republicans are over 1.5 times more likely than Democrats to say that women should stay home and not work
"Should" does a lot of work here. Does it mean "banned by the law from working"? Does it mean "if man marries a woman, he should earn enough to let woman not work if she doesn't want to"? Does it mean "one-earner families are better environment for children than two-earner families"? Does it mean "I would never marry a woman who wants to work"? Does it mean "this is the ideal role-model situation, which we will strive for, though in real life we often fall short of it"? Can mean any of those and hundred other things. What it doesn't mean though is "Republicans hate women, including women, who have internalized self-hate".
> But what it adds up to is that Republicans broadly support traditional patriarchal positions about the role of women, while opposing social changes and policies that most women would like, and feel gives them more freedom to live their lives as they will.
Are you sure most women think working some mind-numbingly mundane job for 8 hours every day is more freedom for them than staying at home with their children (or even without them, just doing whatever they like)? Surely, if the women is a CEO she would like to keep the job likely. Most working women aren't CEOs though. Are you sure some of them wouldn't feel more free if they didn't have to work?
Anyway, this argument is like 100 years late - nobody prohibits any women from working, and no Republicans that I heard of proposed any legislation that would ban women from working. However, if you think that not taking money from other people to pay for some woman's childcare needs is equal to "patriarchal position" - that's nonsense of the first degree. Nobody owes anybody else - men or women - to pay for their childcare needs. It has nothing to do with "patriarchal" - it's just that I do not have to give money to care for your child, because it's my money and not my child. Take your own money - or, if you have a decent job, your employer's money - and care for your child, nobody bans you from that. Trying to guilt people into giving you money to care for your children and calling them "patriarchal" if they refuse is just an abuse of terms. Presenting them as if they don't give up their own money with no benefit for them to benefit some stranger women as them hating women is plain disingenuous.
You asked about Congressional power to legislate, not whether 14A grants an abortion right. These are different questions. For example, it seems Congress could plausibly pass a general abortion ban with exceptions for medically necessary abortion under 14A. Moreover, if Congress wants to give itself additional power more explicitly, it could pass an Amendment to give itself authority to legislate on abortion (of course, this requires bipartisan cooperation).
To be clear, you're talking about section 1 of the 14th amendment which reads:
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
First, I thought we were talking about legislation allowing abortion at the federal level. That said, if this court is consistent (not guaranteed), then I still don't agree. This was ratified by states with laws allowing abortion. Therefore an originalist interpretation should not accept that person here refers to the unborn.
But I can see THIS court accepting that section 5 gives Congress the power to pass legislation, defining "person" is a proper legislative act, and therefore the Congressional interpretation of a disputed word should be accepted.
So sure. Congress can try ban abortion nationally, and might succeed. But I doubt that they can legalize it nationally and have that decision hold.
(Separately the amendment process is more complicated. The failure of the Equal Rights Amendment demonstrates that Congress alone cannot create an amendment, even if the public generally supports it.)