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May 3 2022 02:00am
Quote (Goomshill @ May 3 2022 12:49am)
Its not about personal threats or takedowns, its about holding the country itself hostage. How many well-intentioned bureaucrats and politicians were confronted by BLM mobs and bowed to their demands, not because they were afraid of their own safety or own careers in particular, but because they believed appeasing the mob would save lives? That was the explicit basis of mayor frey ordering police to stand down instead of defending the third precinct in the floyd riots, as I continue this tortured metaphor. And nevermind that it actually cost far more lives in the long run by societal impacts. If someone with weak knees like Kavanaugh sees the country burning as a result of his decision, he could be convinced to contradict his own sincere convictions and knowledge of the law to uphold a precedent he doesn't agree with.

basically, convincing him to do this;

https://www.youtube.com/watch?v=EOX8-c-_uVY


I really don't think they care. These people have trained their whole lives to NOT care and to interpret the law to the best of their abilities.
Quote (Black XistenZ @ May 3 2022 12:48am)

Imho, this leak is aimed less at spurring action from the current Congress and more at the midterm voters/the future composition of Congress.

If things stay on the current trajectory, Dems are gonna get slaughtered in November. Shifting the political debate to an incredibly polarizing issue on which at least 50% of the public agrees with them and which galvanizes a crucial group of swing voters (educated women) is a much better proposition for Dems than a midterm election about inflation, or making a redux of "OrAnGe MaN bAd!!!" the central pitch of their campaign.



This pretty obvious political ramification was also noted by Jonah Goldberg:
https://i.imgur.com/o2GgeuT.jpg
https://twitter.com/JonahDispatch/status/1521294360205312002


This doesn't make much sense. The decision was ALREADY made. We're going to get the official opinion in a few weeks which is several months before the election. Given how often Congress is in recess, I imagine that the leaker believes that time is of the essence.

If I'm Pelosi, I have a vote ASAP and have Schumer really put the pressure to overturn the filibuster in order to codify Roe & Casey.
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May 3 2022 02:08am
Quote (thundercock @ May 3 2022 03:00am)
I really don't think they care. These people have trained their whole lives to NOT care and to interpret the law to the best of their abilities.


The entire liberal jurisprudence is built about "caring", to the disregard of the law. About ends justifying means, getting the results they want by judicial activism. Its only the conservative bloc of the court that has trained to interpret the law on firm grounds like textualism or originalism. Kagan and Sotomayor would sign off on whatever legal fiction the DNC dangles in front of them if it served a righteous cause. Those convictions are going to be tested to see if enough pressure can cause even one justice to flip.

Quote
If I'm Pelosi, I have a vote ASAP and have Schumer really put the pressure to overturn the filibuster in order to codify Roe & Casey.


given that HR 3755 could only score 46 senators to back it, trying to go nuclear right now would be futile
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May 3 2022 02:10am
Quote (thundercock @ 3 May 2022 10:00)
This doesn't make much sense. The decision was ALREADY made. We're going to get the official opinion in a few weeks which is several months before the election. Given how often Congress is in recess, I imagine that the leaker believes that time is of the essence.

If I'm Pelosi, I have a vote ASAP and have Schumer really put the pressure to overturn the filibuster in order to codify Roe & Casey.

But that's the point: all these political fights over Roe which are now imminent will suck up the political oxygen and shift the focus of political discourse to a comparatively good issue for Dems. If the court had released this ruling in July and presented the public with a fait accompli, there would have been tremendous outrage and lefty meltdowns for two weeks before the issue dies down. The fallout (which is politically advantageous to Democrats) would have come and gone too quickly to have a huge impact on the midterms.


The optimal outcome for Dems would obviously be SCOTUS presenting the public with this ruling 2 weeks before the midterms. Since that wasn't available, a drawn out political fight over Roe is the second best option for Democrats; definitely much better than Roe just being gone one day in July without any public debate or political tug-of-war.

This post was edited by Black XistenZ on May 3 2022 02:11am
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May 3 2022 03:18am
So which do they go after next?
Obergefell (gay marriage, 2015), Loving (interracial marriage, 1967), Griswold (contraception, 1965), Lawrence (gay sex, 2003)
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May 3 2022 03:52am
Quote (Plaguefear @ May 3 2022 05:18am)
So which do they go after next?
Obergefell (gay marriage, 2015), Loving (interracial marriage, 1967), Griswold (contraception, 1965), Lawrence (gay sex, 2003)


Yes.
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May 3 2022 04:36am
Opinion: the draft was leaked intentionally, so as to allow legislatures and abortion providers some advance warning to plan for the outcome.
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May 3 2022 05:02am
Quote (Plaguefear @ May 3 2022 05:18am)
So which do they go after next?
Obergefell (gay marriage, 2015), Loving (interracial marriage, 1967), Griswold (contraception, 1965), Lawrence (gay sex, 2003)


Roe v Wade is bad case law.
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May 3 2022 05:07am
Quote (bogie160 @ May 3 2022 09:02pm)
Roe v Wade is bad case law.


The same logic can be used for every case i listed.
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May 3 2022 05:10am
Quote (Goomshill @ May 3 2022 12:01am)
Its a state and federal issue. The federal government still has an arguable jurisdiction to overrule the states and pass legislation enshrining abortion as a right, like H.R.3755 last year. It would open up another debate about state vs federal jurisdiction, but if the political will was behind it, it would almost certainly withstand judicial scrutiny. But the will isn't behind it. The senate voted 46-48 when it was brought for cloture, not even enough votes to pass it without the filibuster.

Which brings us to the fundamental issue at stake in this ruling: Roe v Wade circumvented the democratic process to let the judiciary commit an act of lawmaking. They had their good political reasons, but not their good legal reasons. The people were always free to vote for representatives and senators to pass legislation at the state and federal levels if pro-choice laws are what they want, and they never did. It is one unelected branch of the government, ostensibly neutral but heavily poisoned by partisanship, assigned by mere luck of the draw, crafting laws. It was never tenable or defensible. They tied the law into a knot and now we're going to see how catastrophic it can be when they unkink it. And there will be a lot of discussions about how much more could have and should have been done to address abortion at the legislative level during the decades the courts had usurped it.


They ruled that way because Roe v Wade was are ruling on what constitutes a person, and a wise judge would never decide such a philosophical question. That is how the majority opinion was written.

Healthcare privacy is now dead. The state can now make you get shots, make you have babies, can even force feed you if you go on hunger strike.

Big big win for governmental biopower here.

Quote (excellence @ May 3 2022 12:04am)
https://i.imgur.com/UbDlX1x.png

oh dear here we go. more barricades in the capital. a mark of the current administration. walls everywhere surrounding taxpayer-funded property


They have a major legitimacy crisis on their hands.

I'm glad this came out before any election happened.

This post was edited by Skinned on May 3 2022 05:14am
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May 3 2022 06:49am
The right decision and ultimately a bad outcome
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