Friday, November 26

Arnaldo is our Vietnam

The right to abortion is our Vietnam

Gloria Steinem

The great thing about appointments is that they are real and produce real power. It does not matter whether they occur between the media storm or whether they are delivered to you with or without clamp. So putting up with the guy makes sense. Those who name it know it and those who are named know it. Casado knew it when he did the ordago and Enrique Arnaldo when he tied himself to the main mast. Only a few naive people think that a bad time, a few headlines or a stir could make them reject a nine-year term. If you weren’t very ashamed before, it’s not a matter of making out afterwards. The new Constitutional magistrates have taken office and Arnaldo and Espejel can already do a trumpet concert with their ears blasting while Alaska does the backing vocals for them.

In the first session of the plenary session of the Constitutional Court (TC) with the new composition, after the election of Pedro González-Trevijano as apparently ephemeral president of the institution, the outgoing magistrates were handed out the procedural presentations. I say the fleeting thing because his presidency should only extend until June of next year, in which the renewal of another third of the Constitution is scheduled, his departure from the court and the arrival of the progressive majority. The small detail is that for this to happen the General Council of the Judiciary must be renewed. That is the letter that the PSOE and UP have changed for the clamp and I do not have all with me that they will not be left as cousins ​​again. It makes me think that the conservative majority has not opted for a president with more years ahead of him with the risk of losing the presidency in June …

They distributed the papers, in strict order of seniority in life, that is, age. The folders of the oldest outgoing, Encarnación Roca, were inherited by the oldest incoming, Ramón Sáez. With a month of difference in the birth, the controversial Enrique Arnaldo kept those of Andrés Ollero and among them the appeal 4523/2010 presented by the PP against the Abortion Law of 2010. Arnaldo, which as we know, because the companion Alicia Gutiérrez tracked it down among her hundreds of articles, she radically opposes the possibility that minors can make the decision without parental consent, which constitutes one of the pillars of the appeal whose resolution thesis she is forced to prepare.

All this of the resource of the Abortion Law is apparently a tremendous mess that exclusively affects the own internal dynamics of the right and its tensions between ideological families and, for that reason, most of the citizens of this country live perfectly calm with the law in force without considering it a priority to re-enter this issue. So is this an issue whose controversy only affects the balance of power within the right wing that the resource championed by the opusino Trillo has been sleeping the dream of the just in the TC for 11 years. The liberal right did not want to get into this garden again. It is an orchard in which the ultra-Catholic factions of its spectrum are pulled but, as European liberals and conservatives know, has no way back in Western democratic societies. Remember that it cost Gallardón the position of Minister of Justice for Rajoy to have drafted a draft law on abortion that even restricted abortion due to serious malformations of the fetus.

The such mess on the right is made up of three currents: that of theocratics who want the absolute penalization of any type of abortion, that of the more conservative right that wants, at least, to restrict it to a series of assumptions outside whose umbrella it would continue being a crime -in that return to the 1985 law, Married has sometimes been placed-, and, finally, the most pragmatic, liberal and possibilists, who consider that it is a matter that should not be stirred and that this law had not been promulgated but they do not make the flag of mounting a social war for her either.

The abstinence in the resolution of the CT was a practical demonstration of this situation. It was a hot potato that could unleash a lot of anger knowing that the real pro-life activists are a minority, trying to make noise, but a minority. But things are moving and if something has moved things in the PP it is the growth of Vox. The extreme right has been openly belligerent with the abortion issue because, and it is too often forgotten, the Spanish extreme right has the particularity of being directly related to the ultra-Catholic movements so typical of this country. In France, Marine Le Pen evolved a lot in this field and she never agreed with her father, who she reproached for her position: “Do you see us taking women who have aborted to court?” His subsequent evolution until he barely wanted to touch the current law cost him a fight to the death with his niece Marion Maréchal Le Pen and a huge mess within the National Front. The one who has set up a school in Madrid with Vox has been Marion, don’t forget.

This is where Casado’s shoe has begun to tighten, who, although he recoiled from his intentions to return to the 1985 law in an interview in 2019, now he notices how his jacket is being pulled. This internal revolt led the most ultra sectors to file a complaint in the Supreme Court against the magistrates of the Constitutional Court for not resolving the appeal, which has been inadmissible. So those who do not believe much in these things have gone to the European Court of Human Rights to force the Spanish TC to resolve this appeal.

This does excite the nerves more on CT. So with the renewal and the presentation of Arnaldo we are going to attend, without a doubt, a revival of a battle that we Spanish women had already taken for granted a long time ago. Espejel also made it clear in a vote made on the CGPJ report on the law that it considers it unconstitutional and will now rule on it. “Never forget that a political, economic or religious crisis will be enough for the rights of women to be questioned. You must remain vigilant throughout your life ”said Simone de Beauvoir with clairvoyance. We are. That is why it must be announced that this presentation relapsed on Enrique Arnaldo, the pressure of the most ultra sectors of the PP and the Vox clamp can become a new Vietnam for Spanish women, using the words of the Prince of Asturias Award, Gloria Steinem . It seems incredible to send troops again at this point or take the metal jacket out of the closet, but the only thing we can not do is disappear in combat.

There is a certain time. The matter in the Constitutional Court cannot go fast. Ollero did not even leave a minimal draft. Reports and studies will have to be commissioned and, as handled internally, it will take between two and three quarters until you can have a draft text to begin deliberating. This brings us to the middle of next year and, evidently, brings us closer to the electoral pre-campaign that, without a doubt, Casado will undertake without ever having left it. Rajoy had in his hands, with an absolute majority, repeal or reform the law that he had contested as unconstitutional and he did not do so but the current leadership of the PP is so liquid that it may want to differentiate itself from Vox or compete for the votes that this issue can give them . Just in case he has sneaked in Espejel and Arnaldo and I am very afraid that he will not consent to a progressive majority in the TC in June of next year and that he will do so by preventing the renewal of a Council that is now prohibited from making appointments and that must appoint two members.

Watchful and ready. We cannot allow women to lose out of the internal battles of the right, and yet this is what usually happens, that we lose all wars, even those in which we do not participate. Involution is a threat that should be valued very well by those who have the power to legislate now and the power to agree to renewals and, in general, power. The forces of involution are very powerful and those of progress are sometimes a bit lost.

We women remain at the foot of the canyon, vigilant.



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