Pubblicato in: Senza categoria

Alabama. Aborto. Se crollasse quel mito crollerebbero i liberal democratici.

Giuseppe Sandro Mela.

2019-05-24.

Clusone.-Trinfo-e-Danza-della-Morte.-La-Marcia-macabra__02_.

Mr Trump sta proseguendo come un bulldozer nello spianare il retroterra dei liberal democratici.

Il termine bulldozer non è scelta casuale.

L’etimo deriva da bulldose, dose da toro, metafora per indicare una bastonatura quanto mai severa, quasi invariabilmente mortale, e come tale usata nei report storici d’epoca. Più di recente ha assunto anche il significato di preponentone, inteso non tanto nel senso di uno che impone con la forza violenta, quanto piuttosto con la forza della ragione.

*

Il cuore del problema risiede nel fatto che l’ideologia liberal postula che la femmina abbia il ‘diritto‘ di decidere, lei sola, di terminare una gravidanza tramite l’aborto, ossia la uccisione del feto.

I liberal democratici hanno fatto dell’aborto vessillo portante, quasi fosse la quintessenza della loro ideologia: lo hanno assolutizzato. Aborto e femminismo che ne va di conserva sono stati mitizzati. Nei fatti, i liberal non hanno programma politico, ma solo ed esclusivamente etico.

Ma i miti sono un’espressione irrazionale, acritica. I miti non tengon conto della realtà dei fatti.

Non è questo tempo e luogo per discernere sull’eticità dell’aborto, ma sulla sua legalità ben possiamo argomentare.

*

È legale ciò che un’assemblea eletta ha deliberato in modo lecito, e tutti sono tenuti ad osservare la nuovo legge o norma.

In un sistema democratico le leggi sono emanate dal corpo degli Eletti, ossia delle persone vidimate dal passaggio nelle urne. Gli Elettori formano la società civile che esprime poi i suoi rappresentanti. Solo ed esclusivamente gli elettori formano la società civile: chi ricerca la piazza come strumento di pressione non è certo democratico né, tanto meno, civile, eccezion fatta la ribellione ad una dittatura, sia essa de iure oppure de facto.

*

Orbene.

Nella battaglia politica, l’abbattimento delle bandiere avversarie è uno degli obiettivi primari.

Un esempio paramount si evidenziò quando i liberal democratici fecero assurgere il sexual harassment a miti di purezza comportamentale, conditio sine qua non per poter accedere a cariche pubbliche.

Procuratore Generale NY, Schneiderman, dimissionario per abusi sessuali.

«New York Attorney General Eric Schneiderman has resigned following allegations of assault by four women.

The resignation came after The New Yorker magazine published a report quoting the women who accused Mr Schneiderman of hitting them.

Two identified themselves as former girlfriends of his.

Mr Schneiderman – who contests the allegations – has been a vocal supporter of the #MeToo movement against sexual harassment.»

Abbattuto Mr Eric Schneiderman, i democratici abbandonarono alla chetichella il sexual harassment.

* * * * * * *

Mr Trump è riuscito a far nominare nella Suprema Corte di Giustizia due giudici equi, spostando gli equilibri pregressi a cinque repubblicani e quattro democratici. Gli effetti sono stati immediati.

Nella sua ultima sentenza, la Suprema Corte ha stabilito che

«Overruling a 40-year-old precedent, the Supreme Court said on Monday that states may not be sued in the courts of other states.»

Con questa sentenza i liberal democratici non potranno portare lo Stato dell’Alabama in giudizio presso un Corte federale ove i suoi giudici siano una maggioranza.

* * * * * * *

Ecco cosa è successo in Alabama.

Il senato dell’Alabama è composto di 35 senatori: attualmente 27 sono repubblicani ed 8 sono democratici.

La camera dei rappresentanti è composta di 105 deputati: 77 sono repubblicani e 28 sono democratici.

Il governatore è Mrs Kay Ivey, repubblicana.

«Alabama lawmakers have passed a bill to outlaw abortion in almost all cases, the strictest such US law»

*

«The state Senate approved the law by 25 votes to six»

*

«The bill had been passed 74-3 earlier this month in Alabama’s House of Representatives»

*

«After more than four hours of debate, the Republican-led Senate voted 25-6 to pass HB 314, which would slap doctors with up to 99 years in prison for performing an abortion. The Alabama House passed the bill earlier this month»

*

«Restrictions on abortion rights have already been introduced this year in 16 US states»

*

«Activists hope the new Alabama law will challenge a landmark 1973 Supreme Court ruling that legalised abortion in the US»

*

«The National Organization for Women called the ban “unconstitutional”»

* * * * * * * *

Sarebbe nella logica delle cose che i liberal democratici sottopongano ad una Corte federale il problema, ma adesso non potranno farlo ricorrendo ad una Corte del 9th Circuito.

Ma così facendo alla fine il tutto dovrà essere sottoposto al vaglio della Suprema Corte.

Sono strategicamente battuti.

* * *

Ma ciò che lascia stupefatti è la rapidità e la profondità del cambiamento dei media liberal.

Riportiamo a seguito gli articoli della Bbc, Bloomberg e della Cnn.

Basta leggerli per comprendere quanto siano mutati i tempi.

Liberal? Ma chi mai li conosce? Chi sono? Cosa vogliono?

Bbc. 2019-05-15. Alabama passes bill banning abortion

Alabama lawmakers have passed a bill to outlaw abortion in almost all cases, the strictest such US law.

The state Senate approved the law by 25 votes to six, rejecting exemptions for cases of rape or incest.

It will now go to Republican Governor Kay Ivey. She has not said whether she will sign it, but she is seen as a strong opponent of abortion.

Restrictions on abortion rights have already been introduced this year in 16 US states.

Activists hope the new Alabama law will challenge a landmark 1973 Supreme Court ruling that legalised abortion in the US.

The bill had been passed 74-3 earlier this month in Alabama’s House of Representatives.

Abortion would only be allowed in certain circumstances to safeguard the mother’s health.

The National Organization for Women called the ban “unconstitutional” and said it was “a transparent effort to drum up political support for anti-abortion candidates in upcoming elections”.

Staci Fox of Planned Parenthood Southeast Advocates called the decision “a dark day for women in Alabama and across this country”.

In a statement she said Alabama politicians would “forever live in infamy for this vote and we will make sure that every woman knows who to hold accountable”.

What do Alabama’s politicians say about the new law?

Republican lawmaker Terri Collins, sponsor of the legislation, said: “Our bill says that baby in the womb is a person.”

Democratic state Senator Bobby Singleton said the bill “criminalises doctors” and was an attempt by men “to tell women what to do with their bodies”.

Republican Senator Clyde Chambliss, a backer of the law, said it would enable the state “to go directly to the Supreme Court to challenge Roe versus Wade” (the 1973 ruling).

Before the debate began, Democrat Rodger Smitherman said: “We’re telling a 12-year-old girl who, through incest and rape is pregnant, we are telling her that she doesn’t have a choice.”

What does the bill do?

It goes further than legislation passed recently elsewhere in the US to ban abortion after a foetal heartbeat can be detected, usually around six weeks into a pregnancy.

Under the Alabama measure, provision of abortion at any stage in pregnancy would be a Class A felony.

Doctors could face 10 years in prison for attempting to terminate a pregnancy and 99 years for actually carrying out the procedure.

A woman who has an abortion would not be held criminally liable.

The bill would allow abortion in cases where the mother’s life is at serious risk.

Its text says more foetuses have been aborted than people killed in “Stalin’s gulags, Cambodian killing fields”.

Why now?

Supporters of the legislation have welcomed an inevitable challenge in federal court if the measure becomes law. Pro-choice groups have pledged to take legal action against it.

The bill’s architects expect it will be defeated in the lower courts, but hope it will end up before the Supreme Court.

Their aim ultimately is to overturn Roe v Wade.

Emboldened by the addition of two Trump-nominated conservative justices, anti-abortion activists are eager to take one of the most divisive issues in America back to the highest court in the land.

Eric Johnston, who founded the Alabama Pro-Life Coalition that helped draft the bill, told NPR: “The dynamic has changed.

“The judges have changed, a lot of changes over that time, and so I think we’re at the point where we need to take a bigger and a bolder step.”

What’s the national picture?

If signed into law by Governor Ivey, the Alabama measure would become one of more than 300 laws challenging abortion access in the US.

The flurry of measures has led activists to warn that a swathe of US territory could become an “abortion desert.”

At the other end of the political spectrum, a Democratic-sponsored bill in Virginia that would have allowed third-trimester abortions up until the point of childbirth failed to make it out of committee.

*

Bloomberg. 2019-05-15. Alabama Close to Approving Near Total Ban on Abortion

Montgomery, Ala. (AP) — Alabama’s Senate passed a near-total ban on abortion Tuesday, sending what would be the nation’s most stringent abortion law to the state’s Republican governor.

The GOP-dominated Senate voted 25-6 to make performing an abortion at any stage of pregnancy a felony punishable by up to 99 years or life in prison for the abortion provider. The only exception would be when the woman’s health is at serious risk.

Senators rejected an attempt to add an exception for rape and incest. The amendment was voted down 21-11, with four Republicans joining Democrats.

“You don’t care anything about babies having babies in this state, being raped and incest,” Democratic Sen. Bobby Singleton said on the Senate floor after the amendment’s defeat. “You just aborted the state of Alabama with your rhetoric with this bill.”

Bill sponsor Rep. Terri Collins said she expects Gov. Kay Ivey to sign the ban into law. Ivey has not publicly commented on what she’ll do.

The lopsided vote suggests a veto could be easily overcome. Ivey spokeswoman Lori Jhons said in a statement after the vote that “the governor intends to withhold comment until she has had a chance to thoroughly review the final version of the bill that passed.”

Supporters said the bill is designed to conflict with the U.S. Supreme Court’s landmark 1973 Roe v. Wade decision legalizing abortion nationally, because they hope to spark a court case that might prompt the justices to revisit abortion rights.

“It’s to address the issue that Roe. v. Wade was decided on. Is that baby in the womb a person?” Collins said.

Supporters had argued that exceptions would weaken their hope of creating a vehicle to challenge Roe. Collins said that the law isn’t meant to be a long-term measure and that lawmakers could add a rape exception if states regain control of abortion access.

“Roe v. Wade has ended the lives of millions of children,” Republican Sen. Clyde Chambliss said in a statement after the bill’s passage. “While we cannot undo the damage that decades of legal precedence under Roe have caused, this bill has the opportunity to save the lives of millions of unborn children.”

Emboldened by conservative justices who have joined the Supreme Court, abortion opponents in several states are seeking to challenge abortion access. Kentucky, Mississippi, Ohio and Georgia have approved bans on abortion once a fetal heartbeat is detected, which can occur in about the sixth week of pregnancy.

The Alabama bill goes further by seeking to outlaw abortion outright. Unlike measures in other states, Alabama would punish only the abortion provider, not the woman receiving the abortion.

Democrats, who hold eight seats in Alabama’s 35-member Senate, criticized the ban as a mixture of political grandstanding, an attempt to control women and a waste of taxpayer dollars.

During debate, Singleton pointed out and named rape victims watching from the Senate viewing gallery. He said that under the ban, doctors who perform abortions could serve more prison time than the women’s rapists.

In a statement, Staci Fox of Planned Parenthood Southeast said, “Today is a dark day for women in Alabama and across this country. … Alabama politicians will forever live in infamy for this vote and we will make sure that every woman knows who to hold accountable.”

Outside the Statehouse, about 50 people rallied and chanted, “Whose choice? Our choice.” Several women dressed as characters from the “The Handmaid’s Tale,” which depicts a dystopian future where fertile women are forced to breed.

If the bill becomes law, it would take effect in six months. Critics have promised a swift lawsuit. Randall Marshall, executive director of the American Civil Liberties Union of Alabama, said a complaint is being drafted.

*

CNN. 2019-05-15. Alabama Senate passes near-total abortion ban

Alabama sent the most restrictive abortion bill in the country to the governor’s desk Tuesday night, with the state’s Senate passing legislation that could punish doctors who perform abortions with life in prison.

The state’s Republican backers have pushed the legislation, which amounts to a near-total ban on abortion in the state, forward with the express goal of overturning Roe v. Wade, the Supreme Court case legalizing abortion. Alabama lawmakers join legislators in several other states in putting forth legislation to restrict abortion, such as Georgia’s recent fetal heartbeat bill.

After more than four hours of debate, the Republican-led Senate voted 25-6 to pass HB 314, which would slap doctors with up to 99 years in prison for performing an abortion. The Alabama House passed the bill earlier this month.

The law only allows exceptions “to avoid a serious health risk to the unborn child’s mother,” for ectopic pregnancy and if the “unborn child has a lethal anomaly.” Democrats re-introduced an amendment to exempt rape and incest victims, but the motion failed on an 11-21 vote.

Republican Gov. Kay Ivey will have six days to sign the legislation, though the bill would not take effect until six months after becoming law. Ivey has not publicly taken a stance on the bill but has previously aligned herself as anti-abortion, lamenting the courts striking down another Alabama abortion law last year.

“As this legislation is still making its way through the legislative process, the governor intends to withhold comment until it makes its way to her desk for signature,” Ivey spokeswoman Lori Jhons said in a statement.

American Civil Rights Union of Alabama Executive Director Randall Marshall said that his organization would join with the national ACLU, Planned Parenthood, and Planned Parenthood of Southeast to challenge the bill in court within “a few weeks” should it become law.

The bill’s consideration Tuesday made frequent reference to the chamber’s dramatic vote last week to drop an amendment that would have made exemptions to abortions performed for instances of rape or incest.

Republican State Sen. Clyde Chambliss, who ushered the bill through the chamber, emphasized in his introduction that the bill impacts women who are “known to be pregnant” and would provide “every female that’s pregnant or thinks they’re pregnant, and the male who was involved, it gives them that window of time — this bill does not change that window of time.”

In a news release, Chambliss touted that his bill outlaws surgical abortions as soon as a pregnancy can be medically determined. Speaking on the Senate floor, Chambliss repeatedly referred to a “window” of time between conception and when a woman knows for certain that she’s pregnant. The state senator said he believed that time was between about seven and 10 days.

“She has to take a pregnancy test, she has to do something to know whether she’s pregnant or not,” he said.

“You can’t know that immediately, it takes some time for all those chromosomes and all that.”

Many women don’t yet know for certain that they’re pregnant even at six weeks into a pregnancy — the earliest a fetal heartbeat can be detected.

When Democratic state Sen. Rodger Smitherman asked what would happen under the bill to a young girl who was a victim of incest and found out she was pregnant, Chambliss said that he hoped that the bill would result in young women learning to seek physical and mental help quickly if they are abused.

“What I hope is, if we pass this bill, that all young ladies would be educated by their parents, their guardians that should a situation like this occur, you need to go get help — you need to do it immediately,” Chambliss said.

“Then also they can get justice in the situation,” he added. “If they wait, justice delayed is justice denied.”

Democratic state Sen. Vivian Figures told Chambliss that a rape victim’s trauma “is not your business.”

“You don’t have to raise that child, you don’t have to carry that child, you don’t have to provide for that child, you don’t have to do anything for that child,” she told Chambliss. “But yet you want to make that decision for that woman, that that’s what she has to do.”

Figures proposed amendments to have legislators who backed the bill pay for the anticipated legal fees accrued by subsequent legal challenges, to expand Medicaid in anticipation of the bill’s impact on low-income women, and to make having a vasectomy a class A felony, as the bill would designate performing an abortion. All three motions failed.

Eric Johnston, head of the Alabama Pro-life Coalition and the drafter of the initial legislation, told CNN that while the amendment to exempt rape and incest victims is “sympathetic” and “deals with very difficult issues,” it would upend the law’s legal standing.

“Regardless of how the conception takes place, the product is a child, and so we’re saying that that unborn child is a person entitled to protection of law,” he added. “So if, be it a rape or inecst conception, then it would be impossible to ask a judge which of these is protected by law and which is not.”

Staci Fox, president of Planned Parenthood Southeast, told CNN before the chamber’s vote that “even the authors of this bill know that it is blatantly unconstitutional and wouldn’t stand up in court.”

“We’ve seen the continual chipping away year after year in Alabama and efforts get bolder and bolder each year,” Fox said. “I think with the President and now Kavanaugh on the court, the politics in Alabama just feel emboldened to take this egregious swipe at women’s health care.”

But in the larger legal landscape, Marshall cast doubt on whether this bill would ever take on Roe, citing how the case would take several years to get to the Supreme Court while several other states have already passed so-called heartbeat bills effectively banning abortion.

“There are already 14 cases nationwide in the pipeline, two of which are currently at the Supreme Court of the United States,” he said. “The notion that somehow this is going to be the vehicle for the Supreme Court to reconsider Roe v. Wade is really misplaced.”

Annunci