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We Told You This Was Coming, but You Didn’t Listen

Spunkylama

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We Told You This Was Coming, but You Didn’t Listen​


RIP, ROE
It’s not just abortion. The logic of this draft decision would also apply to the decisions protecting same-sex marriage, contraception, and more.



I am approximately zero percent surprised by the draft opinion overturning Roe v. Wade, authored by Supreme Court Justice Samuel Alito, that was leaked to Politico.

Not only am I unsurprised—I predicted it, several times, in this publication. And not just me, of course, but everyone in my profession. Overturning Roe is in the Republican Party’s platform. It was the primary criterion that the Federalist Society, funded by religious extremists, used to pick Supreme Court justices for Donald Trump. Together with desegregation, it propelled the Religious Right to get into politics 50 years ago, and vote for Republicans ever since.

So, yes, we all told you this was inevitable. And now it is here.

But “you”—by which I mean the large majority of voters who say that women have a right to control their own bodies—didn’t listen. The Supreme Court ranked at the bottom of Democrats’ concerns in 2016, while it was at the top of Republicans’. Even after the unprecedented and norm-shattering mistreatment of judicial nominee Merrick Garland, many centrist voters didn’t care and some left-wing voters didn’t think it was enough to stomach voting for Hillary Clinton.


So we got Justices Gorsuch, Kavanaugh, and Barrett, and now, if this draft becomes the majority opinion, we’ve got the end of Roe v. Wade.

But that’s only the beginning of the end. If the reasoning of the draft becomes the majority opinion—and it is worth stressing that this is by no means assured, since it is a draft and may well be watered down by other justices—then it applies equally to Obergefell v. Hodges, which held that all marriages (including my same-sex one) are protected by the Constitution; to Lawrence v. Texas, which held that all intimate sexual activity (including same-sex) was too; and to Griswold v. Connecticut, which held that the right to access contraception is as well.



“What can liberals do now? Not much, really. It’s too ****ing late.”
All those cases held that certain specific rights to bodily integrity and privacy, though unmentioned in the Constitution, are implicit in the broad guarantees of the 14th Amendment, as long as they were part of the “concept of ordered liberty.” It’s not part of the concept of liberty to police a woman’s uterus or a gay man’s bedroom. There are limits to government power, and no process can be “due process” if it transgresses those limits.

snip
 

tres borrachos

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We Told You This Was Coming, but You Didn’t Listen​


RIP, ROE
It’s not just abortion. The logic of this draft decision would also apply to the decisions protecting same-sex marriage, contraception, and more.



I am approximately zero percent surprised by the draft opinion overturning Roe v. Wade, authored by Supreme Court Justice Samuel Alito, that was leaked to Politico.

Not only am I unsurprised—I predicted it, several times, in this publication. And not just me, of course, but everyone in my profession. Overturning Roe is in the Republican Party’s platform. It was the primary criterion that the Federalist Society, funded by religious extremists, used to pick Supreme Court justices for Donald Trump. Together with desegregation, it propelled the Religious Right to get into politics 50 years ago, and vote for Republicans ever since.

So, yes, we all told you this was inevitable. And now it is here.

But “you”—by which I mean the large majority of voters who say that women have a right to control their own bodies—didn’t listen. The Supreme Court ranked at the bottom of Democrats’ concerns in 2016, while it was at the top of Republicans’. Even after the unprecedented and norm-shattering mistreatment of judicial nominee Merrick Garland, many centrist voters didn’t care and some left-wing voters didn’t think it was enough to stomach voting for Hillary Clinton.


So we got Justices Gorsuch, Kavanaugh, and Barrett, and now, if this draft becomes the majority opinion, we’ve got the end of Roe v. Wade.

But that’s only the beginning of the end. If the reasoning of the draft becomes the majority opinion—and it is worth stressing that this is by no means assured, since it is a draft and may well be watered down by other justices—then it applies equally to Obergefell v. Hodges, which held that all marriages (including my same-sex one) are protected by the Constitution; to Lawrence v. Texas, which held that all intimate sexual activity (including same-sex) was too; and to Griswold v. Connecticut, which held that the right to access contraception is as well.



“What can liberals do now? Not much, really. It’s too ****ing late.”
All those cases held that certain specific rights to bodily integrity and privacy, though unmentioned in the Constitution, are implicit in the broad guarantees of the 14th Amendment, as long as they were part of the “concept of ordered liberty.” It’s not part of the concept of liberty to police a woman’s uterus or a gay man’s bedroom. There are limits to government power, and no process can be “due process” if it transgresses those limits.

snip

And unlike the idiots who screamed for 8 years that Obama was going to take away their guns, this one actually seems to be real, making the people who predicted it right (assuming it is real).
 

Spunkylama

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Cameron

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And unlike the idiots who screamed for 8 years that Obama was going to take away their guns, this one actually seems to be real, making the people who predicted it right (assuming it is real).
Ironically, the same logic in the draft might support overturning the individual constitutional right to bear arms.
 

VanceMack

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Is it OK for individual states to pass laws on Constitutionally protected gun rights? Kind of tough for leftists to bitch about the 'infringement' of 'rights' never cited in the Constitution while they champion the attack on rights clearly cited in the Constitution. Kinda makes them hyporcites and make themselves look...well.............stupid.
 

sanman

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Democrats pulling some stunt with an eye to November.

Otherwise, they know they'll be going down in flames.
 

Linc

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It's the right decision to leave it up to each individual state to decide for themselves.
State’s Reichs 10th A are the bane of the USA.
They caused the civil war, together with the 2A.
 

Linc

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Democrats pulling some stunt with an eye to November.

Otherwise, they know they'll be going down in flames.
The stunt has been for the USSC not to vote,
giving gop SJWs more of a reason to vote.
 

sanman

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The stunt has been for the USSC not to vote,
giving gop SJWs more of a reason to vote.
Not to vote on what?
 

Rawley

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Ironically, the same logic in the draft might support overturning the individual constitutional right to bear arms.
Nope
 

Mr Person

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Democrats pulling some stunt with an eye to November.

Otherwise, they know they'll be going down in flames.

I can think of few things more stupid than to suggest that when a Republican-appointed majority overturns a decades' old decision to placate our American wannabe Taliban, that that is actually Democrats pulling a stunt.
 

Questerr

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Is it OK for individual states to pass laws on Constitutionally protected gun rights? Kind of tough for leftists to bitch about the 'infringement' of 'rights' never cited in the Constitution while they champion the attack on rights clearly cited in the Constitution. Kinda makes them hyporcites and make themselves look...well.............stupid.

Leftists support gun rights. You’re talking about worthless moderate centrists.
 
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