State legislatures are torching democracy

By | August 6, 2022

Jane Mayer writes:

As the Supreme Court anticipated when it overturned Roe v. Wade, the battle over abortion rights is now being waged state by state. Nowhere is the fight more intense than in Ohio, which has long been considered a national bellwether. The state helped secure the Presidential victories of Barack Obama in 2008 and 2012, then went for Donald Trump in 2016 and 2020. Its residents tend to be politically moderate, and polls consistently show that a majority of Ohio voters support legal access to abortion, particularly for victims of rape and incest. Yet, as the recent ordeal of a pregnant ten-year-old rape victim has illustrated, Ohio’s state legislature has become radically out of synch with its constituents. In June, the state’s General Assembly instituted an abortion ban so extreme that the girl was forced to travel to Indiana to terminate her pregnancy. In early July, Dr. Caitlin Bernard, the Indiana obstetrician who treated the child, told me that she had a message for Ohio’s legislature: “This is your fault!”

Longtime Ohio politicians have been shocked by the state’s transformation into a center of extremist legislation, not just on abortion but on such divisive issues as guns and transgender rights. Ted Strickland, a Democrat who served as governor between 2007 and 2011, told me, “The legislature is as barbaric, primitive, and Neanderthal as any in the country. It’s really troubling.” When he was governor, he recalled, the two parties worked reasonably well together, but politics in Ohio “has changed.” The story is similar in several other states with reputations for being moderate, such as Wisconsin and Pennsylvania: their legislatures have also begun proposing laws so far to the right that they could never be passed in the U.S. Congress.

Ohio’s law prohibits abortion after six weeks—or even earlier, if doctors can detect fetal cardiac activity—unless the mother is at risk of death or serious permanent injury. Dr. Bernard noted that the bill’s opponents had warned about the proposed restrictions’ potential effect on underage rape victims. “It was literally a hypothetical that was discussed,” she told me. Indeed, at a hearing on April 27th, a Democrat in the Ohio House, Richard Brown, declared that if a thirteen-year-old girl “was raped by a serial rapist . . . this bill would require this thirteen-year-old to carry this felon’s fetus.”

The bill’s chief sponsor, State Representative Jean Schmidt, is an archconservative Republican who represents a district east of Cincinnati. At the hearing, she responded to Brown by arguing that the birth of a rapist’s baby would be “an opportunity.” She explained, “If a baby is created, it is a human life. . . . It is a shame that it happens. But there’s an opportunity for that woman, no matter how young or old she is, to make a determination about what she’s going to do to help that life be a productive human being.” The rapist’s offspring, she suggested, could grow up to “cure cancer.” Her remarks were deemed so outlandish that they were denounced everywhere from the Guardian to the New York Post. [Continue reading…]

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