Jennifer Holland is awesome and everyone should read this book. Here's a written interview (for those of you who do't do podcast) I did with her in 2022:
We are literally going to end up with free states and slave states again, but for pregnant women. I mean, heck, we're already more than halfway there....unless of course the rapist that people voted for and his regime enforce Comstock, and then pregnant women will be slaves in the whole country. I can't believe these godawful extremists continue to be so successful.
I don't understand how pardoning doctors who ship medication to anti-choice states will have any lasting effect. Wouldn't the pardon only be for those doctors prosecuted while under Biden's term? Can he issue a pardon for the next president's term? That sounds like a decree making such a law void.
Abortion bans disguised as "parents have a right to know what's going on" reminds me of how little we hear the word "sex" in discussion of abortion. It's not just abortion they're mad about. Parents are freaked out that their daughters are having sex -- and pregnancy is proof of that course, like nothing else is. Parents can't control their kids' cell phone use, the friends they choose, whether or not they break curfew, etc. But BAM! If they think abortion bans will stop them from having sex, they're on it.
Jessica; as a Granite Stater, I'm dismayed at our anti-abortion stand-out status among the New England states. However, as a lawyer, I believe publishing the ERA before Biden leaves office, would toss a wholesale monkey wrench into the GOP anti-abortion, anti-women, anti-reproductive healthcare, anti-trans agenda. Can you showcase the www.bidenpublishtheera.org campaign in AED? Thank you; and you are the best, BTW.
Also, I have a question for you as a lawyer: Did you see Robert Hubbell’s take on our attempts to pressure Biden to ask the US Archivist to publish? Here’s his take:
“A suggestion to those trying to convince President Biden to publish the ERA
This cryptic note won’t make sense to most readers; it is intended as a suggestion to those attempting to convince President Biden to publish the Equal Rights Amendment. Just so you know where I am coming from, I believe that the ERA has been ratified under Article V, which provides no role for Congress or the Executive in determining whether ratification has been satisfied.
Groups seeking to gain publication of the ERA are circulating petitions asking Biden to “order” the National Archivist to publish the ERA in the Federal Register. In conversations with some of those proponents, I inquired about President Biden’s authority to “order” the National Archivist to publish the ERA (since the President has no constitutional or statutory role in the ratification process). To date, no one has responded to my question. It seems to me that having an answer to that question is important to achieving success in securing publication of the ERA.
Here is my suggestion for dealing with my question: Title I, Sec 106b provides:
Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause the amendment to be published, with his certificate,
Rather than “ordering” the National Archivist to publish the amendment, President Biden should send the National Archivist an “official notice” that the ERA “has been adopted,” specifying the states that have ratified the amendment. The term “official notice” is not defined in the statute. If Biden declares his notice is “the” official notice referred to in the statute, the National Archivist is under a statutory duty to publish the ERA.
Biden should also declare that OLC Opinions 2020 and 2022 regarding the ERA are null and void, and that the National Archivist is not bound by those opinions. That will force Republicans into the position of arguing in court that the President cannot override internal policies of the DOJ—something they may be loath to do given their view of the “unitary” nature of the presidency. (While Biden is at it, he should declare that the OLC opinions holding that a sitting president or president-elect cannot be investigated, indicted, convicted, or sentenced are null and void.)
While there will undoubtedly be litigation over other issues (e.g., the time period for ratification and rescission of ratifications), providing the “official notice” called for under Section 106b removes one legal obstacle to the publication of the ERA.
I hope this suggestion is helpful. If you are in a position to pass this suggestion to Senator Gillibrand or President Biden’s legal counsel, I would appreciate it.
My apologies if this theory has already been considered but my review of the materials provided by proponents of publication of the ERA did not identify this approach as one that is currently under consideration.”
Yes, Lesley, I saw that and agree with Hubbell. It's a good technical thing to point out, and it's helpful, for sure. But it's a small matter, compared with building the necessary groundswell and political cover for the right folks to lead on this. I hope work is happening behind the scenes. This would be a colossal missed opportunity. It's hard for me to quantify how helpful the ERA would be, even though it would be litigated up to SCOTUS, of course. But let the GOP and its judges rip away an explicit constitutional protection of gender equality. And see how voters react to that. Let's not abdicate something so powerful in our grasp.
Not a lawyer myself, so I’m still trying to understand what he was saying. Can we not rely on Biden? Is there another path to the Archivist? I’ve been wondering why it isn’t automatically an Amendment after getting the 38 states to ratify…? Thanks for taking the time to elucidate.
On pardon for Comstock, in addition to the reasons you stated, because a pardon would not be prospective it would not protect activity occurring after the pardon and thus would be of limited value. I would stay away from this.
I heard a reporter from Pro Publica explaining that the way they found the abortion-related deaths that they have reported on is by combing state death records, which are compiled (everybody has a death certificate) and are public records. Usually there is a cause of death, and an age and gender of the deceased person. So by combing through death records, one can filter for women of childbearing age and then do a deeper dive depending on stated cause of death. It seems to me that this would be a perfect job for crowdsourcing—we (I mean you all) could do an initial combing and then professional journalists could follow up. The Pro Publica folks then contact the families, who may or may not want to go public with their story, but the reporter still has the aggregate data. This could be a way of getting around all the disbanding of maternal mortality boards. Anybody from pro-Publica reading this? Contact Jessica and she can let us know how to contact you.
NH has a a whole lotta extra crazies in the State House, nothing new there. But hopefully the level headed will prevail. I hate using hope a strategy however, would be better if there were few crazies but also don’t ever see that happening in a 400 + person house.
Fucking libertarians in NH should be against bodily interference, they are all about "rights" supposedly. Of course they also want to lower the legal age of consent, too.
The same people who claim to be all about protecting parents' rights when it comes to abortion are happy to deny parents the right to seek gender-affirming care for their children. Good reporting on case before Supreme Court today by Erin Reed
The other hypocrisy, which is soooo telling, is that they don't mind puberty blockers for other medical reasons. It's only if they're used for trans kids that they're somehow harmful. Yeah, right....
How will any state Enforce these outrageous laws.? Making laws is the easy part. Will they be stopping every car containing women of childbearing age and taking blood tests to ascertain whether someone is pregnant or not. Will cabin crew have to check every woman passenger? What about trains that go from Idaho to Oregon? Women will always find a way around dumb laws. They have been doing so since Cleopatra. There are « passers » who get refugees onto rubber boats to cross from Africa to Europe. There will be passers for pregnant women too. Expensive ? You said it.
Jennifer Holland is awesome and everyone should read this book. Here's a written interview (for those of you who do't do podcast) I did with her in 2022:
https://clairepotter.substack.com/p/how-fetal-politics-stole-americans
We are literally going to end up with free states and slave states again, but for pregnant women. I mean, heck, we're already more than halfway there....unless of course the rapist that people voted for and his regime enforce Comstock, and then pregnant women will be slaves in the whole country. I can't believe these godawful extremists continue to be so successful.
Thank you for the heads-up Jessica. Have contacted my New Hampshire state house reps about this.
I don't understand how pardoning doctors who ship medication to anti-choice states will have any lasting effect. Wouldn't the pardon only be for those doctors prosecuted while under Biden's term? Can he issue a pardon for the next president's term? That sounds like a decree making such a law void.
Abortion bans disguised as "parents have a right to know what's going on" reminds me of how little we hear the word "sex" in discussion of abortion. It's not just abortion they're mad about. Parents are freaked out that their daughters are having sex -- and pregnancy is proof of that course, like nothing else is. Parents can't control their kids' cell phone use, the friends they choose, whether or not they break curfew, etc. But BAM! If they think abortion bans will stop them from having sex, they're on it.
Jessica; as a Granite Stater, I'm dismayed at our anti-abortion stand-out status among the New England states. However, as a lawyer, I believe publishing the ERA before Biden leaves office, would toss a wholesale monkey wrench into the GOP anti-abortion, anti-women, anti-reproductive healthcare, anti-trans agenda. Can you showcase the www.bidenpublishtheera.org campaign in AED? Thank you; and you are the best, BTW.
I totally agree with you re the ERA. Here is a link to help people pressure Biden. They offer easy ways for people to contact him.
https://www.bidenpublishtheera.org
Also, I have a question for you as a lawyer: Did you see Robert Hubbell’s take on our attempts to pressure Biden to ask the US Archivist to publish? Here’s his take:
“A suggestion to those trying to convince President Biden to publish the ERA
This cryptic note won’t make sense to most readers; it is intended as a suggestion to those attempting to convince President Biden to publish the Equal Rights Amendment. Just so you know where I am coming from, I believe that the ERA has been ratified under Article V, which provides no role for Congress or the Executive in determining whether ratification has been satisfied.
Groups seeking to gain publication of the ERA are circulating petitions asking Biden to “order” the National Archivist to publish the ERA in the Federal Register. In conversations with some of those proponents, I inquired about President Biden’s authority to “order” the National Archivist to publish the ERA (since the President has no constitutional or statutory role in the ratification process). To date, no one has responded to my question. It seems to me that having an answer to that question is important to achieving success in securing publication of the ERA.
Here is my suggestion for dealing with my question: Title I, Sec 106b provides:
Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause the amendment to be published, with his certificate,
Rather than “ordering” the National Archivist to publish the amendment, President Biden should send the National Archivist an “official notice” that the ERA “has been adopted,” specifying the states that have ratified the amendment. The term “official notice” is not defined in the statute. If Biden declares his notice is “the” official notice referred to in the statute, the National Archivist is under a statutory duty to publish the ERA.
Biden should also declare that OLC Opinions 2020 and 2022 regarding the ERA are null and void, and that the National Archivist is not bound by those opinions. That will force Republicans into the position of arguing in court that the President cannot override internal policies of the DOJ—something they may be loath to do given their view of the “unitary” nature of the presidency. (While Biden is at it, he should declare that the OLC opinions holding that a sitting president or president-elect cannot be investigated, indicted, convicted, or sentenced are null and void.)
While there will undoubtedly be litigation over other issues (e.g., the time period for ratification and rescission of ratifications), providing the “official notice” called for under Section 106b removes one legal obstacle to the publication of the ERA.
I hope this suggestion is helpful. If you are in a position to pass this suggestion to Senator Gillibrand or President Biden’s legal counsel, I would appreciate it.
My apologies if this theory has already been considered but my review of the materials provided by proponents of publication of the ERA did not identify this approach as one that is currently under consideration.”
What do you think?
Yes, Lesley, I saw that and agree with Hubbell. It's a good technical thing to point out, and it's helpful, for sure. But it's a small matter, compared with building the necessary groundswell and political cover for the right folks to lead on this. I hope work is happening behind the scenes. This would be a colossal missed opportunity. It's hard for me to quantify how helpful the ERA would be, even though it would be litigated up to SCOTUS, of course. But let the GOP and its judges rip away an explicit constitutional protection of gender equality. And see how voters react to that. Let's not abdicate something so powerful in our grasp.
Here’s a link to explain the amendment process. I fear we may be pressuring the wrong entity…?
https://www.archives.gov/federal-register/constitution
Not a lawyer myself, so I’m still trying to understand what he was saying. Can we not rely on Biden? Is there another path to the Archivist? I’ve been wondering why it isn’t automatically an Amendment after getting the 38 states to ratify…? Thanks for taking the time to elucidate.
On pardon for Comstock, in addition to the reasons you stated, because a pardon would not be prospective it would not protect activity occurring after the pardon and thus would be of limited value. I would stay away from this.
Missouri just goes to show you that they will cheat in any way possible.
I heard a reporter from Pro Publica explaining that the way they found the abortion-related deaths that they have reported on is by combing state death records, which are compiled (everybody has a death certificate) and are public records. Usually there is a cause of death, and an age and gender of the deceased person. So by combing through death records, one can filter for women of childbearing age and then do a deeper dive depending on stated cause of death. It seems to me that this would be a perfect job for crowdsourcing—we (I mean you all) could do an initial combing and then professional journalists could follow up. The Pro Publica folks then contact the families, who may or may not want to go public with their story, but the reporter still has the aggregate data. This could be a way of getting around all the disbanding of maternal mortality boards. Anybody from pro-Publica reading this? Contact Jessica and she can let us know how to contact you.
What a great idea!
MO: The ballot measure passed. It is legal and the right to abortion is in the state constitution.
Repeat after me, folks in the back row.
Stop your stupid, we know better and your claims of protecting women are total bullshit.
Some days I feel like the sheer volume of tactics from the subjugators are overwhelming. They never stop.
So grateful for this newsletter !
NH has a a whole lotta extra crazies in the State House, nothing new there. But hopefully the level headed will prevail. I hate using hope a strategy however, would be better if there were few crazies but also don’t ever see that happening in a 400 + person house.
Fucking libertarians in NH should be against bodily interference, they are all about "rights" supposedly. Of course they also want to lower the legal age of consent, too.
newrepublic.com/article/159662/libertarian-walks-into-bear-book-review-free-town-project
The same people who claim to be all about protecting parents' rights when it comes to abortion are happy to deny parents the right to seek gender-affirming care for their children. Good reporting on case before Supreme Court today by Erin Reed
https://www.erininthemorning.com/p/amy-coney-barrett-surprised-by-history
Good point.
The other hypocrisy, which is soooo telling, is that they don't mind puberty blockers for other medical reasons. It's only if they're used for trans kids that they're somehow harmful. Yeah, right....
Well hell crap and damn. That’s all I got today. 🤨
Regarding the "parental rights" BS- somehow they're ALWAYS applied to teen girls,but never to those teen boys who are providing the sperm.
Just more authoritarian misogyny
How will any state Enforce these outrageous laws.? Making laws is the easy part. Will they be stopping every car containing women of childbearing age and taking blood tests to ascertain whether someone is pregnant or not. Will cabin crew have to check every woman passenger? What about trains that go from Idaho to Oregon? Women will always find a way around dumb laws. They have been doing so since Cleopatra. There are « passers » who get refugees onto rubber boats to cross from Africa to Europe. There will be passers for pregnant women too. Expensive ? You said it.
👆👆🎯
Mmm....live free or die, huh? I guess...it's just the "or die" that'll be happening.
I was coming to write just that. So much for their motto.