161–170 of 358 posts
This sort of leak, likely from a law clerk given that it was a draft opinion, is not a good development. Nobody has any loyalty to their institutions anymore. Every institutional loyalty has been subjected to team red or team blue.
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No, I think “this ends up” the same way as Europe: most places get a ban at the end of the first trimester, when the fetus has a face and can suck its thumb. Some states ban it or near ban it, like Poland or Ireland until a couple of years ago. A handful of blue states end up with abortion until birth.
Alito is literally calling out gay marriage and contraception as on the chopping block in that thing. I think this ends up someplace very very ugly very quickly.
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You have to either be extremely naive or totally oblivious of the current political climate in the US to think this ends with only a ban on abortions after 24 weeks.
No, I think “this ends up” the same way as Europe: most places get a ban at the end of the first trimester, when the fetus has a face and can suck its thumb. Some states ban it or near ban it, like Poland or Ireland until a couple of years ago. A handful of blue states end up with abortion until birth.
Well yes, this is the part that people are most objecting to and calling a human rights violation. How do you gloss over the fact that millions of people in the US will lose a basic right that practically all the rest of western world guarantees its citizens?
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This is the same court that is very likely to find a "human right" to conceal a firearm, despite that premise being contrary to international norms and also contrary to legal historical in America. In short, America is soon going to switch from a system where a pregnant woman has a human right to self-preservation and instead in many states the life of the unborn child will be privileged over the pregnant woman which…
The Supreme Court was never intended to find human rights. They interpret federal law, including the Constitution. International norms are entirely irrelevant. Women should be able to control their own bodies, so let's change state laws to make that clear in a way that doesn't depend on judicial interpretation. This shouldn't even be a federal issue to begin with.
Courts are not supposed to legislate from the bench. Roe v Wade was clearly inappropriate ruling from day one. It undermined the integrity of the supreme court.
Abortion should be ingrained as legal via state/federal law.
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Like Roe, Obergefell would be another decision where if the Supreme Court overruled, it would simply make the law the same as Europe: https://eclj.org/marriage/the-echr-unanimously-confirms-the-... Likewise in affirmative action. You just listed three things where the supposedly arch conservative Supreme Court is simply making our law the same as France.
The difference is that the US is a country and Europe is not. Generally speaking it might limit your liberties if one state did not recognize your spouse and another did.
That would violate the Full Faith and Credit clause of the US Constitution. Even before Obergefell v. Hodges, states that didn't allow gay couples to marry still had to honor the marriages of gay couples who were married in other states that did allow it.
SCOTUSblog’s Twitter has an on point take on the significance of the leak within the Court: https://twitter.com/SCOTUSblog/status/1521295411545260035?t=... It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin.
Who cares. The supreme court has lost all credibility and has become just another political arm.
SCOTUSblog’s Twitter has an on point take on the significance of the leak within the Court: https://twitter.com/SCOTUSblog/status/1521295411545260035?t=... It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin.
https://twitter.com/jonathanwpeters/status/15213098161483448...
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Releasing a draft stops many avenues of compromise among the decision makers. Regardless of the industry/institution. When members do not have a way to change their opinion and save face, they won't change their opinion. Politico should have been more thoughtful about its disclosure if they preferred to see changes because now the names on that opinion will never change and we could very well see the exact language b…
US Supreme justices are appointed for life, the only "face" they have to lose realistically is their legacy reputation, how they are seen by future generations. They are not really vulnerable to populist attacks of hypocrisy or flip-flopping or whatever.
They are humans that have to live in society just like the rest of us. No one is completely invulnerable to society. I imagine being the target of some of these radical abortion groups (anti or pro) would be scary, especially for officials that are normally not in the limelight.
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Alito is literally calling out gay marriage and contraception as on the chopping block in that thing. I think this ends up someplace very very ugly very quickly.
This just reads like the slippery-slope fallacy. At no point will gay marriage and contraception be on the chopping block. I just talked to some conservative gay couples who align with this draft ruling, and they have no fears whatsoever.
And what have they been saying they would do for the past 20 years? Get rid of Roe vs. Wade. And what happens as soon as they get control of the court? As fast as they humanly could they tested Roe in front of their new court, and now they've overturned the entire decision in the most brazen way possible.
That was item 1 on their list. In the intervening 20 years there have been other items added to the list as reasons for wanting control of the Supreme Court. Gay marriage has been absolutely listed as a top target since 2015.
Given how they've stated they want to overturn Roe and they followed through, why do you consider the idea that they will go after gay marriage a slippery slope? They've told us they want to do it. Why are we not to take them at their word at this point?
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The leak could have been done by someone who favors the draft.
Unlikely. The more obvious intent is to provide a tool to campaign on for the next several months and boost the sagging approval of the president. Something to rally around.