OA598: No, Tribal Sovereignty Will Not Save Abortion Access
Added 2022-05-23 04:18:03 +0000 UTCSome folks on the internet have been trying to "one weird trick" our way to saving Roe by claiming that tribal sovereignty could help ensure abortion access. Well, not only is this wrong, it's offensively wrong. OA brings you the deep-dive on Indian Law (yes, that's what it's called...) with a refresher on McGirt v. Oklahoma, and why none of that equals an instant abortion rights fix. After that, a wildcard question – now that Roe is being overturned, does that mean justices committed perjury in their confirmation hearings?
Links: McGirt v. Oklahoma, 18 US Code § 1153 - Offenses committed within Indian country, The Hyde Amendment, Indigenous Women's Reproductive Rights: The Indian Health Service and Its Inconsistent Application of the Hyde Amendment
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Comments
Re: perjury I feel like Senate Judiciary Committee members always asked the wrong questions. Instead of asking how a justice WOULD rule in the future of the respect for precedent, the simple question should have been "if you had been on the court in 1973 or 1992, would you have signed onto the majority/plurality of Roe and Casey, or would you have signed onto the dissents?" It's a simple, straightforward question that does not ask for speculation about a future case, but rather an opinion on a historical one. Why is this question not asked? How could a candidate dodge such a question?
Adi Peshkess
2022-05-26 20:17:20 +0000 UTCI'm so glad you dealt with the "perjury!" claims I kept seeing. I know they all said it, but I distinctly remember being angry at Collins for buying—or pretending to buy—that nonsense. I'm pretty sure my exact words to my family/the TV were "yeah, it's settled law *now*. He's trying to get in a position where he can unsettle it!" I still can't believe she got re-elected after that. Ugh.
NightOwl1090
2022-05-25 19:35:20 +0000 UTC
