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ancianita

ancianita's Journal
ancianita's Journal
December 2, 2021

The Judge Who Told the Truth About the Mississippi Abortion Ban

https://www.theatlantic.com/ideas/archive/2021/11/supreme-court-mississippi-abortion-ban/620833/

...Dobbs v. Jackson Women’s Health Organization, likely the most consequential abortion case in three decades. The case began as a challenge to the Mississippi abortion ban, and in 2018 landed before Carlton Reeves, an African American judge whose legal opinions—especially this one—are rich in history and disarmingly honest. Reeves struck down the law, as precedents like the 1973 landmark abortion decision, Roe v. Wade, compelled him to do, but then lambasted the Mississippi legislature for trying to justify the ban with reasons that he believed were transparently dishonest.

“Its leaders are proud to challenge Roe,” he wrote, “but choose not to lift a finger to address the tragedies lurking on the other side of the delivery room.” I spoke with Reeves recently, and his opinions out of court are as candid as the ones he delivers from chambers and the bench. “Judges are heroes,” he told me. “But for them I would not be in the position that I am or had the experiences that I did. They have the capacity to breathe life into our rights.”

Under current law, Dobbs is an easy case. In Roe and, almost two decades later, Planned Parenthood v. Casey, the Court ruled that states cannot ban abortions before “viability” of the fetus—about 23 to 24 weeks—making Mississippi’s 15-week cutoff clearly unconstitutional. Reeves ruled as much and then asked an obvious question: “So, why are we here?”

Rejecting sophistry from the state’s legislators that the ban wasn’t really a “ban,” Reeves revealed the truth as he saw it: The state passed a law “it knew was unconstitutional to endorse a decades-long campaign … to ask the Supreme Court to overturn Roe v. Wade.” He then scolded the lawmakers for pretending to care about women’s health and the well-being of the unborn and people of color while having the nation’s highest infant-mortality rate, tolerating “alarming” poverty and maternal-death rates, and curtailing health-care programs such as Medicaid. He accused legislators of perpetuating “the old Mississippi,” the one that didn’t allow women to serve on juries until 1968, the one that systematically sterilized Black women—getting a “Mississippi appendectomy,” it was called—and the one that, in 1984, became the last state to guarantee women the right to vote. He recounted Mississippi’s long history of denying its citizens’ constitutional rights with segregated schools, prohibitions on same-sex marriage, and a “secret intelligence arm” that enforced racial discrimination. Far from helping women and minorities, Reeves wrote, the state still seemed “bent on controlling” them.



Judge Carlton W. Reeves


More from Reeves in
"US District Judge Carlton Reeves calls out Trump – urges other judges to “defend our bench”

Think of the pattern of judicial nominees refusing to admit, like generations of nominees before them have, that Brown v. Boardwas correctly decided. That same Brown which led to Alexander v. Holmes County, which breathed justice into the segregated streets of my Yazoo City. As if equality was a mere political position.


https://yallpolitics.com/2019/04/16/us-district-judge-carlton-reeves-calls-out-trump-urges-other-judges-to-defend-our-bench/

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Gender: Do not display
Hometown: New England, The South, Midwest
Home country: USA
Current location: Sarasota
Member since: Sat Mar 5, 2011, 12:32 PM
Number of posts: 36,271

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