If you’re against the Heartbeat Bill, you should protest the state budget, and the man who signed it.
The media loves the Heartbeat Bill. It’s easy to write about! You can just copy and paste from your old stories. Besides, it polls really well (because people don’t realize it would ban almost all abortions) so it’d be irresponsible not to cover it instead of, say, a 24-hour wait on treating a miscarriage.
I think the pivot to the budget’s anti-woman provisions is a lot more useful than discussing a bill that’s dependent on the Supreme Court’s decision in another state’s case.
The point of the Heartbeat Bill is to have SCOTUS overturn Roe v. Wade. Nobody really argues that this isn’t the case. However, Ohio’s passage is pretty pointless because North Dakota’s case is much further along.
To recap, North Dakota passed the bill in March. In July, a federal judge issued an injunction, saying that the law “is in direct contradiction to a litany of United States Supreme Court cases”.
That’s not the sort of thing you say when there’s any hope you won’t overturn the law.
Of course, SCOTUS could eventually overturn it, but I find James Bopp’s legal argument against that compelling1. And if it did, then Ohio’s laws would likely be determined by SCOTUS rather than by legislation.
All of this is not to say that a massive grassroots demonstration against the Heartbeat Bill shouldn’t be ready to go at the drop of a hat. It’s only to say that the budget, which has actually been signed into law, is so bad for women that overturning its provisions should remain the primary goal.
The Heartbeat Bill isn’t going to matter if Kasich’s policies have already closed all of the providers in the state.
1 In brief, Anthony Kennedy isn’t going to overturn Roe, Casey, and Gonzalez. After all, he wrote the opinion on Casey and Gonzalez! Thus, he will vote against upholding the Heartbeat Bill regardless of who writes the opinion.
Since Bopp was a prime mover behind Citizens United, I trust his authority on how the Roberts Court operates.
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