The official position of Ethics Alarms is that organized boycotts are a form of unethical coercion that pose a direct threat to democracy and personal liberty. Recent developments on the corporate front only reinforce that conviction. Several states have chosen this moment to try to persuade a conservative majority on the Supreme Court to either amend or overturn Roe v. Wade, either with so-called “heartbeat” bills, defining a fetus with a detectable heartbeat distinct from the mother’s as a person within the range of Constitutional protection, or in the case of Alabama, a direct challenge to Roe with a bill outlawing abortion entirely except in special circumstances.
My personal assessment is that these efforts are doomed to fail, and that conservative justices, in part because they advocate conservative jurisprudence, will not accept the invitation to overturn Roe regardless of their objections to the holding. It is a major decision of long-standing asserting an individual right, and the epitome of the kind of decision that requires the practice of stare decisus. I cannot think of another example where the Court eliminated a right after a previous Court had protected it, certainly not one with such wide-ranging social and legal implications. Even though abortion is only ethically defensible by applying the most brutal variety of utilitarian balancing, and requires disingenuous, bootstrapping reasoning in the process, I do not advocate overturning Roe. We have a system, though. The system should be allowed to work. It has generally served us well as a nation and a society. Continue reading