The Real Concerns Behind Overturning Roe v. Wade: Beyond Contraceptives and Miscarriages

Introduction

The recent confirmation of contentious views by Justices Clarence Thomas and Samuel Alito raise significant concerns about the future of reproductive rights in the United States. These justices signal a potential overhaul of the landmark case Roe v. Wade, which has long been a cornerstone for reproductive freedom. Their concerns extend far beyond the immediate legality of contraceptives and the penalties for miscarriages. This article will delve into the broader implications of their positions and the reality of the actions taken by Republican-led states.

Clarence Thomas and the Wider Agenda

Justice Thomas's concurrence in a recent case has unveiled his broader agenda for legal reversal. Among the issues he cites are the overturning of Roe v. Wade, the ban on contraceptives, and the return of anti-sodomy laws. These are all rooted in the same substantive due process that the right-wing views as unconstitutional. It is notable that Justice Thomas, a black man married to a woman of a different race, does not mention interracial marriage, which was also protected under substantive due process.

The Conservative Hype and Reality

The conservative narrative, propagated by figures like Robert A. Levy of the far-right CATO Institute, attempts to downplay Thomas's intentions. They argue that he merely disagrees with the settled law, not the underlying principles. However, as my article in the Los Angeles Review of Books highlights, Thomas's dissent reveals a deep-seated opposition to equal rights for LGBTQ individuals, unrestricted access to contraception, and the capitulation to Christian extremist ideals. It is clear that Thomas's opposition stems not from a nuanced legal perspective but from a deeply held and reactionary viewpoint.

Beyond Contraceptives and Miscarriages

It is disingenuous to frame the overturning of Roe v. Wade as just an issue of banning contraceptives and prosecuting women following miscarriages. Republican-controlled states have already demonstrated a willingness to arbitrarily punish women for miscarriages, even when abortion remains legal. This precedent set by states like Idaho, which are discussing comprehensive bans on contraceptives, signifies a broader erosion of reproductive autonomy.

The Reality of Contraceptive Bans and Miscarriage Prosecutions

Forced birth movements and the push to criminalize women for miscarriages are not merely hypothetical concerns. Republican-controlled states have already begun prosecution for miscarriages, and no substantial legal or moral barrier stands in the way of further restriction. As Republican-controlled states continue to propose and implement bans on contraceptives, it is imperative to recognize these actions as a part of a larger, orchestrated effort to limit reproductive choices.

The Historical Context

The fight against contraceptive bans and the criminalization of miscarriages is not new. The push to overturn Roe v. Wade is deeply entwined with the efforts to restrict access to contraceptives, a struggle that has been ongoing since the 1990s. In an article from 1991, it is clear that the fight against contraceptives has been a centerpiece of conservative ideology for decades. The resurgence under Trump's administration has only intensified these efforts, with the aim to not only overturn Roe but also to undermine Griswold v. Connecticut, the case that established the right to privacy in reproductive matters.

Conclusion

The desire to overturn Roe v. Wade and the related concerns about contraceptives and miscarriages are not whimsical or irrational ideas. They are rooted in a broader agenda to undermine reproductive rights and impose strict moral and religious values on individuals. As states continue to move towards banning contraceptives and prosecuting women for miscarriages, it is crucial to remain vigilant and voice opposition to these regressive policies.