I woke up today feeling betrayed. I’ve never been concerned that my reproductive health would be decided by anyone but me. It’s been a luxury not to fear my own body knowing I had a right to chose for myself. It was my belief my family would do it’s own planning.
And we did plan. We did fertility treatments and it went catastrophically badly. Four years later I’m just barely stabilized from the attempt to extract eggs and freeze eggs and embryos. The vast majority of people have to cope with our reproductive health in some capacity. Having a family is pretty standard issue. Mine just happened to be a little more dramatic than average. But I never had to worry if it was my life or my unborn child. Or who would get to chose. I never got that far and now I’m a bit afraid I never will. I’m afraid to be pregnant in a world where my health decisions are not my own.
In case you missed the news, last night someone decided to leak a draft opinion from Justice Alito (supported by the conservative justices but without any indication where Roberts stands) that would overturn Roe vs Wade. Abortion would no longer be a federal question but devolve to state authority if Roe is overturned. After 49 years it looks like a major reversal is possible. To be clear it is a draft and while Chief Justice Roberts confirmed it’s authenticity, he said it’s not final or representative of any current justices or the courts final authority.
But it didn’t fucking matter what anyone intended. Chaos has absolutely ensued as various parties look to assign blame for such a massive breach of judicial norms. Everyone is jockeying for position and speculation is rampant. A topic like when life begins is guaranteed to generate strong emotional response. Who gets to decide is a big question. But I’ve generally fallen onto the side that the woman has autonomy over her own body. A fuck ton of other people felt about the same as I did. I’ve seen social media erupt in fear and hurt.
I’ve got very complex feelings on abortion. I’m against it in principle (and I’m deeply grateful I’ve never been faced with that choice) but I am not convinced a fetus is a person. Lord knows if an embryo is a person I know I’d have a very different opinion. I’m not even sure I would have been comfortable doing IVF if I thought an embryo was a person.
This is all complicated by the fact that I don’t think any of society’s crucial issues should be legislated by courts. They enforce laws they don’t make them. We have a legislative body for a reason. Why won’t we try passing federal legislation for anything? Like honestly I’m sick of the courts having to be a backstop. I think most people are. I just don’t get it.
I don’t fully understand how we build out laws to enumerate natural rights but I’m pretty sure it’s meant to be an amendment. We have sucked at this amendment thing traditionally and I don’t really grasp why.
I failed Constitutional Law so my opinion maybe doesn’t count. In my defense, I took it with Will Baude as a fellow classmate as an undergraduate and well now he is is famously a world class constitutional scholar. He absolutely wrecked the curve for my class of twenty. But maybe I understand the issue marginally better than I imagine. Just not as well as say someone tapped to regularly review how the court operates. I don’t know! But at a certain point the contentious shit is going to be an amendment right?
I don’t have a tidy summary to any of this except to say I know this is hard for everyone. I wrote this post because I’m scared and hurting. I can now imagine a world where if I’m faced with crisis like an ectopic pregnancy it’s not clear that the choice to terminate to save the geriatric mother would be in my hands. And I don’t think that’s right.