August 26 was the 102nd anniversary of the ratification of the 19th Amendment to the US Constitution, granting women the right to vote. The day before, several states (including Texas and Idaho) allowed bans on abortion to take effect in all cases except when the life of the pregnant person is in jeopardy. The Dobbs decision overturned the Roe vs. Wade decision legalizing abortion in 1973. This is the first time in US history that a right established by a previous Supreme Court decision has been rescinded. As Justice Clarence Thomas wrote in his concurring opinion (see the previous link), other rights may be next.
The judicial philosophy behind the Dobbs decision is originalism, meaning that the Constitution should be interpreted by the intentions of its writers. Let’s pick apart this argument. The Constitution as originally written didn’t extend legal rights to slaves. In the Constitution, an enslaved person counted as 3/5 of a person for taxation and apportionment of seats to the House of Representatives. The framers of the Constitution didn’t extend any rights to women, either. Women weren’t allowed to own property or assets in their own names until well into the 19th century. (In some states, they couldn’t apply for a credit card in their own name until the 1970s.) The only people who could vote in the US right after the Constitution was ratified were male land-owners, period. Fortunately, with time the slaves were freed and the right to vote was extended to all citizens. Nobody, not even Justice Thomas, advocates rescinding voting rights to descendants of enslaved people, renters, or women to conform with 1787 standards.
We have to vote to make sure our rights are preserved, not rescinded. We have to elect US Senators who will confirm judges and justices that aren’t stuck in 18th century thinking. Don’t forget to vote in down-ballot races for state legislatures. Some of these people will run for the US House of Representatives or Senate in the future. If you live in a state that elects judges and justices, pay attention to their statements in the voters’ guide. Exercising the right to vote can prevent other rights from being reversed.
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