Since 1992, Democrats have won more votes in every presidential election except for 2004 (quite the asterisk there, John Kerry). The three most recent conservative Supreme Court justices were nominated by a president who lost the popular vote, and were confirmed by a Senate “majority” representing a minority of the population. The Electoral College and the Senate for that matter are not democratic exercises. This suits Republicans just fine, and GOP Senator Josh Hawley gloated Friday about how the Court’s fascist rulings can help cement right-wing power.
“I think another period of transformative change in American politics is now upon us,” he [said]. […]
“I think we will see a major sorting out across the country that is already underway, as we speak, as states move to change their laws or adopt new laws in response to this decision,” he said. “I think it’ll probably redraw some demographic lines around the country, and will lead to impacts in voting patterns, I think, all around the country.”
Justice Brett Kavanaugh wrote in his concurring opinion for Dobbs that “today’s decision therefore does not prevent the numerous states that readily allow abortion from continuing to readily allow abortion.” He then listed New York, California, Illinois, Maine, Massachusetts, Rhode Island, Vermont, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Michigan, Wisconsin, Minnesota, New Mexico, Colorado, Nevada, Oregon, Washington, and Hawaii. These are all states Joe Biden carried in 2020. Missing are Arizona and Georgia, which Joe Biden flipped, and where Democrats have made great strides in the past few years. Four Democratic senators (if you include Kyrsten Sinema) are from these states that are nonetheless Republican-run and have draconian abortion laws.
Kavanaugh and Hawley aren’t exactly subtle here. They know people who enjoy their bodily autonomy might flee Republican fascist states. This is a reprise of the Great Migration, where a relentless campaign of racial terror forced large numbers of Black people from the Jim Crow South. Hawley could barely contain himself over the prospect of liberals abandoning Republican-run states. He sounded like he was revealing his evil plan to a captured James Bond.
“More and more red states, they’re going to become more red, and purple states are going to become red, and the blue states are going to get a lot bluer,” he said. […]
“I would look for Republicans, as a result of this in time, to extend their strength in the Electoral College,” he said. “And that’s very good news for those of us who want to see Republican presidents elected, that want to see a Supreme Court that remains conservative.”
Pennsylvania, Michigan, and Wisconsin are swing states with gerrymandered GOP legislatures. Pennsylvania GOP gubernatorial nominee Doug Mastriano has vowed to pass an abortion ban if he wins this year’s race. Michigan already has a 1931 law on the books banning abortions without rape or incest exceptions. Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel are both up for re-election this year.
Wisconsin doctors have already stopped performing abortions because, without Roe’s protection, the state’s 1849 abortion ban is legally in effect. (Kavanaugh was clearly mistaken.) The Democratic attorney general won’t enforce the ban, but it’s unlikely doctors will take the legal and financial risk.
No one could fault anyone with a uterus for leaving these states immediately. If liberals with the means flee Arizona, Georgia, Pennsylvania, Michigan, and Wisconsin, there’s a limited (as in zero) path for a Democrat to win the White House. Republicans could also easily amass a filibuster-proof supermajority in the Senate. This is why so many Christian fascists believe a nationwide abortion ban is within reach.
It’s hard to ask the most vulnerable to endure intolerable conditions in the near term so that we can save democracy in the long term, but this is why it’s so important that states such as California, Oregon, and Washington provide all Americans access to safe abortions.
We can’t let the fascists win.
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