Abortion and the Law’s Control of Bodies

Kamala Harris’s confusion about the nature of law is all too common.

In yesterday’s confirmation hearings for Supreme Court nominee Brett Kavanaugh, Senator Kamala Harris of California, a likely presidential candidate in 2020, asked a perplexing question, and Kavanaugh provided an even more perplexing answer.

Kamala Harris: “Can you think of any laws that give the government the power to make decisions about the male body?”

Brett Kavanaugh: “I’m not… I’m not thinking of any right now, Senator.”

I say “perplexing” because every law, with the exception of thought crimes, makes decisions about bodies, because every law, with the exception of thought crimes, is about telling us what actions we can, can’t, or must take.

Take speed limits. The law says I can’t drive faster than 65 miles per hour on this stretch of freeway. In practice, what this means is that the lawmakers have decided that I cannot use my body to accelerate a car above 65 miles per hour. If I fail to follow the law — if I do use my body to press the gas pedal such that the car goes above 65 — I will be punished, assuming I’m caught.