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David's avatar

I am very curious as to you thoughts on historical through lines with racism in this particular matter.

On 4/4/2022 my own governor, Gov. Jared Polis, signed Colorado House Bill 22-1279 - Reproductive Health Equity Act into law. When I read the text of the law, I was stunned. 25-6-403(3) of the law says;

(3) A FERTILIZED EGG, EMBRYO, OR FETUS DOES NOT HAVE INDEPENDENT OR DERIVATIVE RIGHTS UNDER THE LAWS OF THIS STATE.

These grotesque words sounded familiar to me. For you as a historian on race in America, they should be very, very, familiar. You likely know exactly where they can be found in the annals of the Supreme Court.

Since I am no PhD of history, it took some thinking and digging for me to figure out why these words were so familiar. After some thinking and digging, I figured it out!

In the final ruling in DRED SCOTT v. JOHN F. A. SANDFORD, paragraph 26 of the final opinion of the Supreme Court stated the following;

“The words 'people of the United States' and 'citizens' are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives. They are what we familiarly call the 'sovereign people,' and every citizen is one of this people, and a constituent member of this sovereignty. THE QUESTION BEFORE US IS, WHETHER THE CLASS OF PERSONS DESCRIBED IN THE PLEA IN ABATEMENT COMPOSE A PORTION OF THIS PEOPLE, AND ARE CONSTITUENT MEMBERS OF THIS SOVERIEGNTY? WE THINK THEY ARE NOT, AND THAT THEY ARE NOT INCLUDED, AND WERE NOT INTENDED TO BE INCLUDED, UNDER THE WORD 'CITIZEN' IN THE CONSTITUTION, AND CAN THERFORE CLAIM NONE OF THE RIGHTS AND PRIVILEGES WHICH THAT INSTRUMENT PROVIDES FOR AND SECURES TO CITIZENS OF THE UNITED STATES. ON THE CONTRARY, THEY WERE AT THAT TIME CONSIDERED A SUBORDINATE AND INFERIOR CLASS OF BEINGS... AND HAD NO RIGTHS OR PRIVILEGES BUT SUCH AS THOSE WHO HELD THE POWER AND THE GOVERNMENT MIGHT CHOOSE TO GRANT THEM. “

You and I likely agree that the Dred Scott ruling was one of the most evil and insidious rulings in the history of our nation, particularly because of the logic and language of this exact paragraph. All 7 of the justices who ruled in the majority of Dred Scott case were appointed by Jacksonian/Democrat party. Are you willing to speak up boldly when you see the identical language being used in modern legislation from the very party that was responsible for the Dred Scott ruling?

While you want to immediately draw attention to inconsistencies in how evangelicals may have viewed abortion historically (pre the commercialization of the abortion industry, BTW) and try to tie them to potential roots in racism, are you willing to draw attention to the historical echoes (or screams, IMO) of institutionalized racism which defined the Democrat party particularly for a majority of the 19th and more than first half of the 20th centuries which can clearly be heard within actions of the current Democrat party as well? Or should we limit our scrutiny to evangelicals only?

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