SCOTUS has found Massachusetts “buffer zones” around abortion clinics to be unconstitutional. This doesn’t surprise me. I am, however, stunned to learn this was a unanimous decision. Some guy actually is arguing that liberals won.
True, Roberts’s opinion, joined by the court’s four doubtless relieved liberals, struck down the buffer as a violation of the free-speech rights of pro-life activists who seek to converse with women who might be seeking abortions. But the crucial element in the opinion — the one that got the liberals on board and enraged the conservatives — is that Roberts said the law was neutral with respect to the content of speech as well as the viewpoint of the speakers. That conclusion protected the possibility of other laws protecting women seeking abortions that pay more attention to what Roberts said was missing here, namely proof that the law was narrowly tailored. For the liberals, that was enough to get on board.
I’m reading that Don Scalia is furious with the majority opinion, which apparently stopped short of declaring open season on abortion providers.
I haven’t had time to wrap my head around this. However, I do think that if the anti-abortion “protesters” were handled like the public nuisances, dangerous bullies and sometimes terrorists they actually are, we wouldn’t need “buffer zones.” As I wrote in my book,
Letâ€™s try a thought experiment: Letâ€™s say a number of people decide that banks are evil. This group then targets banks to picket. But they donâ€™t stop with picketing. They chain themselves to doors. They try to stop bank customers from entering. They yell at people to keep their money at home and not let it mingle with the infernal financial system. They set up websites displaying photos and names of bank employees and where they live, hinting that maybe somebody could just eliminate these people. Banks are vandalized and even bombed. Some bank managers are assassinated.
Now, how many nanoseconds would pass before law enforcement and the FBI call this movement domestic terrorism and shut it down? No one outside the anti-bank cult would stand for this. But when the context involves women, sex, and religion instead of money and business, somehow, itâ€™s different.
It’s only because the well-being and concerns of women are not taken seriously that the buffer zones were necessary.