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Democracy

The one question we all need to ask in the wake of the SCOTUS Dobbs decision on abortion

Losing the right to medical privacy hurts us all.

abortion, supreme court, dobbs
Photo by Manny Becerra on Unsplash

Roe v. Wade guaranteed the right to privacy in our medical decisions.

The Supreme Court has issued its ruling on Dobbs v. Jackson, a decision that we knew was coming and that overturns 50 years of precedent in the 1973 Roe v. Wade decision.

Roe v. Wade is widely known for upholding the right to an abortion, but it also upheld an individual's fundamental "right to privacy" (in the Due Process Clause of the 14th Amendment of the Constitution). In a 7-2 opinion (written by a lifelong Republican justice, for what it's worth), the Supreme Court decided that the right to privacy and liberty covered the right to abortion.

In the decades since Roe, people have rehashed all kinds of questions surrounding abortion: the nature of life and personhood, bodily autonomy, the rights of the unborn and more. And in those debates, we've lost the core of what the Roe ruling was really about—the right to privacy in our medical decisions, which affects each and every one of us.

The one question we should be asking, fellow Americans, is this:


Should the government have the authority to access someone's private medical and sexual history to investigate, judge, intervene in and/or prosecute their healthcare decisions?

That's the question. That's the debate. And I don't know anyone in their right mind who would answer that question with "yes."


In the Dobbs opinion, Justice Alito wrote, "It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives." Is it, though? Is government overreach just fine and dandy at the state level? Should elected representatives really be given the authority to determine people's medical needs? I don't think so.

Make no mistake—abortion is sometimes medically necessary to save the life of a mother or prevent undue suffering of an unborn baby. If it's sometimes necessary and the law acknowledges and allows for that, then the law would have to make the determination of whether or not it's necessary in each and every case. Not doctors, not the person carrying the baby, but representatives of the law. Investigators would have to delve into the personal, private medical records of patients to decide if an abortion was legitimate or not.

Who really wants that kind of government interference in their healthcare decisions?

If there are exceptions in state abortion laws for rape or incest, now we're looking at investigations not only into someone's medical records, but also into someone's sexual history. After all, anyone can claim they were victims of rape or incest. Such allegations are notoriously difficult to prove, so now we get 1) a slew of false accusations by women desperate to be able to get an abortion, which harms both real victims and innocent men, and 2) even more invasive investigations by the government into extremely private and painful matters.

I don't personally need a right to an abortion at this point in my life. There is almost no chance I will ever get pregnant again, and I can't imagine having an abortion even if I did. I do, however, need a right to privacy in my own medical care. That's what's being lost here.

I also don't begrudge anyone their belief that abortion is always wrong. I can actually understand how people get there, though I disagree. So by all means, debate the ins and outs and rights and wrongs of abortion all you want. Go out and hold up signs and preach to the masses and try to convince people to make different decisions. Set up pregnancy support clinics. Educate people about birth control or abstinence or whatever you believe is moral and right.

But allowing the government to legislate it is wrong. After all, the question of when life begins is fundamentally a religious or philosophical question, and we live in a country where we do not establish a religion. (It's literally in the first line of the First Amendment of the Constitution. And besides that, abortion access is a religious requirement in some faiths, so religious arguments for and against access are moot, legally speaking.)

We don't live in a black-and-white world. Every single pregnancy is a unique situation with a million different variables. Speaking in generalities is simple, but individual cases are nuanced and complex. Should the 11-year-old who has been raped and impregnated by her brother be forced to carry and bear his child when her own body hasn't even reached full maturity? Should the mother whose water broke prior to viability and who has a life-threatening infection, necessitating an abortion to save her life, now have to go through a painful investigative process to determine whether she's a criminal under the law? Should a pro-life Congressman with means be able to access abortion for the mistress he impregnated because he can afford it, all while trying to remove access for the rest of us?

You could say those are exceptions, but who makes that determination? Who gets to say what counts as an exception or not? Who gets to decide the criteria and determine who meets that criteria? Politicians most of us wouldn't trust to watch our dog? Is that really what we want from our government?

And what about the notion that abortion bans save lives? Do the lives of pregnant women not count? Not only will people risk their lives seeking dangerous unregulated abortions, but we could also see an increase in suicides in women who feel trapped in an impossible situation. In El Salvador, where abortion is banned with no exceptions, 3 out of 8 maternal deaths—more than one-third of mothers who die—are pregnant teens who die by suicide. Please read that twice.

The U.S. also has the highest maternal mortality rate among developed nations. And Texas specifically, where some of the most stringent abortion laws are being enacted, topped the developed world for maternal mortality as of 2014. Pregnancy and childbirth are not without risk, especially in this country.

But none of that, sadly, is even relevant to the central question:

Should the government be granted the authority to dive into someone's private medical and sexual history to investigate, judge, intervene in and/or prosecute their healthcare decisions?

Or more specifically:

Should the government—the random fellow citizens we elect on occasion—be granted the authority to access someone's personal medical and sexual history to determine the circumstances of a pregnancy and judge whether the healthcare decisions surrounding it are valid?

The answer is no. Obviously, no.

At this point in my life, I don't need the right to an abortion. But I do need the right to privacy in my personal healthcare decisions. We all do. That's what Roe guaranteed. That's what we have lost.

Identity

Celebrate International Women's Day with these stunning photos of female leaders changing the world

The portraits, taken by acclaimed photographer Nigel Barker, are part of CARE's "She Leads the World" campaign.

Images provided by CARE

Kadiatu (left), Zainab (right)

True

Women are breaking down barriers every day. They are transforming the world into a more equitable place with every scientific discovery, athletic feat, social justice reform, artistic endeavor, leadership role, and community outreach project.

And while these breakthroughs are happening all the time, International Women’s Day (Mar 8) is when we can all take time to acknowledge the collective progress, and celebrate how “She Leads the World.

This year, CARE, a leading global humanitarian organization dedicated to empowering women and girls, is celebrating International Women’s Day through the power of portraiture. CARE partnered with high-profile photographer Nigel Barker, best known for his work on “America’s Next Top Model,” to capture breathtaking images of seven remarkable women who have prevailed over countless obstacles to become leaders within their communities.

“Mabinty, Isatu, Adama, and Kadiatu represent so many women around the world overcoming incredible obstacles to lead their communities,” said Michelle Nunn, President and CEO of CARE USA.

Barker’s bold portraits, as part of CARE’s “She Leads The World” campaign, not only elevate each woman’s story, but also shine a spotlight on how CARE programs helped them get to where they are today.

About the women:

Mabinty

international womens day, care.org

Mabinty is a businesswoman and a member of a CARE savings circle along with a group of other women. She buys and sells groundnuts, rice, and fuel. She and her husband have created such a successful enterprise that Mabinty volunteers her time as a teacher in the local school. She was the first woman to teach there, prompting a second woman to do so. Her fellow teachers and students look up to Mabinty as the leader and educator she is.

Kadiatu

international womens day, care.org

Kadiatu supports herself through a small business selling food. She also volunteers at a health clinic in the neighboring village where she is a nursing student. She tests for malaria, works with infants, and joins her fellow staff in dancing and singing with the women who visit the clinic. She aspires to become a full-time nurse so she can treat and cure people. Today, she leads by example and with ambition.

Isatu

international womens day, care.org

When Isatu was three months pregnant, her husband left her, seeking his fortune in the gold mines. Now Isatu makes her own way, buying and selling food to support her four children. It is a struggle, but Isatu is determined to be a part of her community and a provider for her kids. A single mother of four is nothing if not a leader.

Zainab

international womens day, care.org

Zainab is the Nurse in Charge at the Maternal Child Health Outpost in her community. She is the only nurse in the surrounding area, and so she is responsible for the pre-natal health of the community’s mothers-to-be and for the safe delivery of their babies. In a country with one of the world’s worst maternal death rates, Zainab has not lost a single mother. The community rallies around Zainab and the work she does. She describes the women who visit the clinic as sisters. That feeling is clearly mutual.

Adama

international womens day, care.org

Adama is something few women are - a kehkeh driver. A kehkeh is a three-wheeled motorcycle taxi, known elsewhere as a tuktuk. Working in the Kissy neighborhood of Freetown, Adama is the primary breadwinner for her family, including her son. She keeps her riders safe in other ways, too, by selling condoms. With HIV threatening to increase its spread, this is a vital service to the community.

Ya Yaebo

international womens day, care.org

“Ya” is a term of respect for older, accomplished women. Ya Yaebo has earned that title as head of her local farmers group. But there is much more than that. She started as a Village Savings and Loan Association member and began putting money into her business. There is the groundnut farm, her team buys and sells rice, and own their own oil processing machine. They even supply seeds to the Ministry of Agriculture. She has used her success to the benefit of people in need in her community and is a vocal advocate for educating girls, not having gone beyond grade seven herself.

On Monday, March 4, CARE will host an exhibition of photography in New York City featuring these portraits, kicking off the multi-day “She Leads the World Campaign.

Learn more, view the portraits, and join CARE’s International Women's Day "She Leads the World" celebration at CARE.org/sheleads.


Health

Over or under? Surprisingly, there actually is a 'correct' way to hang a toilet paper roll.

Let's settle this silly-but-surprisingly-heated debate once and for all.

Elya/Wikimedia Commons

Should you hang the toilet paper roll over or under?



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Humans have debated things large and small over the millennia, from the democracy to breastfeeding in public to how often people ought to wash their sheets.

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The "over or under" question has plagued marriages and casual acquaintances alike for over 100 years, with both sides convinced they have the soundest reasoning for putting their toilet paper loose end out or loose end under. Some people feel so strongly about right vs. wrong TP hanging that they will even flip the roll over when they go to the bathroom in the homes of strangers.

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"A man and his son are driving in their car when they are hit by a tractor-trailer.

Photo via iStock.

(We were driving at the time, so of course this was the riddle he decided to tell.)

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The son is badly injured. Paramedics rush him to the hospital.

Photo via iStock.

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