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  1. #21
    Quote Originally Posted by cubby View Post
    1984 is knocking, and Orwell called it decades ago. If Trump wins in 2024, the shit is going to get very real.
    The irony being that the crowd celebrating this potential ruling is also the crowd that shrieks the loudest about 1984 and Orwell and shit despite never having read any of his works, or seen any movies based off of them.

  2. #22
    The Insane Masark's Avatar
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    Quote Originally Posted by cubby View Post
    But as others have pointed out, the reasoning behind it, known as "strict constitutionalist" thinking, advocates that nothing exists as a federal "right" if it's not laid out in the constitution.
    Or in real terms, it advocates setting the calendar to 1860 for all eternity.

    Warning : Above post may contain snark and/or sarcasm. Try reparsing with the /s argument before replying.
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  3. #23
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    Quote Originally Posted by Sorshen View Post
    Republicans must really love the Lochner era...
    Even worse, most Republicans are actually pro- or neutral- abortion rights. They side with the conservatives because they have to. Lots of stories from the past decades about "staunch anti-abortion" conservatives secretly getting one (or one for their family members).

    Abortion rights are absolutely about women's rights. A major secondary issue, however, is the continued assault on the poor. Removing abortions as a right just dramatically impacts the poor in a negative way.

  4. #24
    That draft is.....not good. It directly criticizes not only Roe but Lawrence v Texas (striking down sodomy laws that made homosexuality illegal) and Obergefell (legalizing gay marriage) as weak rights not rooted in history.

    Which is, like, the most absurd thing ever. It is strict originalism wrought to its extreme, absurd end (and it was already an extreme judicial lens in the first place).

  5. #25
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    Quote Originally Posted by Edge- View Post
    The irony being that the crowd celebrating this potential ruling is also the crowd that shrieks the loudest about 1984 and Orwell and shit despite never having read any of his works, or seen any movies based off of them.
    To me, this, along with other fundamental conservative arguments, demonstrates the virtual insanity of the conservative movement. They are willfully ignorant of their own positions, never knowing how ridiculous they sound; and, at a sadly and terrifying level, never wanting to know.

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    Quote Originally Posted by Masark View Post
    Or in real terms, it advocates setting the calendar to 1860 for all eternity.
    Essentially, yeah. The United States continues to move right day after day, with no end in sight.

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    Quote Originally Posted by eschatological View Post
    That draft is.....not good. It directly criticizes not only Roe but Lawrence v Texas (striking down sodomy laws that made homosexuality illegal) and Obergefell (legalizing gay marriage) as weak rights not rooted in history.

    Which is, like, the most absurd thing ever. It is strict originalism wrought to its extreme, absurd end (and it was already an extreme judicial lens in the first place).
    It absolutely is...along with terrifying. And the right hasn't even marched out their most damning arguments in favor of assaulting the poor and unagreeable - religious rights.

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    Quote Originally Posted by Azadina View Post
    That was the endgame with getting batshit crazies like handmaid taliban Barrett picked for the court seat. Why democrats haven't expanded the court rather than allow this insanity to continue, I'll never figure out. Pad it with 20 liberal judges.
    Yep. If the GOP gets the White House back and control of the Senate, we'll see another 1-2 conservative seats replaced with young and "dumb" GQP'ers who will last decades, and turn us into the Taliban in regards to women's rights.

    Remember, Kavanaugh was on record awhile back wondering why women needed a right to tampons.

    - - - Updated - - -

    Recall also that there are already laws on the books in deep Red states attempting to prevent women from crossing state lines to get abortions.

  6. #26
    Over 9000! Santti's Avatar
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    Not even remotely surprised. Almost expected, tbh.
    Quote Originally Posted by SpaghettiMonk View Post
    And again, let’s presume equity in schools is achievable. Then why should a parent read to a child?

  7. #27
    Another good ruling soon to come from this court. I wonder how long we have to wait for the real one to come out?

  8. #28
    Unfortunately it's starting to look like RBG's most enduring legacy will be facilitating the hijacking of the Supreme Court due to her refusal to step down at a safe time.

  9. #29
    Quote Originally Posted by Drutt View Post
    Unfortunately it's starting to look like RBG's most enduring legacy will be facilitating the hijacking of the Supreme Court due to her refusal to step down at a safe time.
    She couldn't have stopped this. Blame Mitch McConnell tbh.

  10. #30
    The writing feels genuine. What a monumental decision. The Federalist Society and associated conservative legal groups deserve plaudits for screening justices for finally repealing that monstrosity of a decision. I'm going to to spend the new few hours reading it slowly.

    Abortion goes back to the states, as it always should have stayed.

    I could go on about what a victory feels like, and one long coming, but this is a sensitive topic and it's not quite of general interest. I'll have more to say about what this means for criminal prosecution of the leaker, and the resulting distrust and de-legitimizing of the court tomorrow.
    "I wish it need not have happened in my time." "So do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."

  11. #31
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    Quote Originally Posted by tehdang View Post
    The writing feels genuine. What a monumental decision. The Federalist Society and associated conservative legal groups deserve plaudits for screening justices for finally repealing that monstrosity of a decision. I'm going to to spend the new few hours reading it slowly.

    Abortion goes back to the states, as it always should have stayed.

    I could go on about what a victory feels like, and one long coming, but this is a sensitive topic and it's not quite of general interest. I'll have more to say about what this means for criminal prosecution of the leaker, and the resulting distrust and de-legitimizing of the court tomorrow.
    What about the rest of Alito's writing? He was setting up ther abolition of gay marriage and making sodomy illegal. Then similar can apply to interacial marriage, contraception use, etc.

    The logic is terrifying in its broadness, and given historical gbigotedness of states it shouldnt be left to them.

    Oh, and some states are already trying to make it illegal to go to a state where abortion is legal to have an abortion, so that "states rights" l;ogic can go fuck itself out the window
    Last edited by Crissi; 2022-05-03 at 03:22 AM.

  12. #32
    Expect to see a lot of women taking "daytrips" to Canada and Mexico once this passes.
    “The biggest communication problem is we do not listen to understand. We listen to reply,” Stephen Covey.

  13. #33
    Quote Originally Posted by tehdang View Post
    The writing feels genuine. What a monumental decision. The Federalist Society and associated conservative legal groups deserve plaudits for screening justices for finally repealing that monstrosity of a decision. I'm going to to spend the new few hours reading it slowly.

    Abortion goes back to the states, as it always should have stayed.

    I could go on about what a victory feels like, and one long coming, but this is a sensitive topic and it's not quite of general interest. I'll have more to say about what this means for criminal prosecution of the leaker, and the resulting distrust and de-legitimizing of the court tomorrow.
    But Abortion is a fucking constitutionally protected right, thanks to the 14th amendment.

    This won't be the victory you think it is.

  14. #34
    Quote Originally Posted by Drutt View Post
    Unfortunately it's starting to look like RBG's most enduring legacy will be facilitating the hijacking of the Supreme Court due to her refusal to step down at a safe time.
    Yeah, no. McConnell wouldn't have allowed for a vote on a replacement under any circumstances.
    “The biggest communication problem is we do not listen to understand. We listen to reply,” Stephen Covey.

  15. #35
    I know anti abortion folks are going to cheer this, but it makes the country a worse, more unsafe place. It will cause a lot of harm while doing absolutely nothing to prevent abortions.

    Not that republicans actually want to prevent abortions, of course. Since all of the things that actually do so are things they generally oppose.

  16. #36
    Quote Originally Posted by tehdang View Post
    The writing feels genuine. What a monumental decision. The Federalist Society and associated conservative legal groups deserve plaudits for screening justices for finally repealing that monstrosity of a decision. I'm going to to spend the new few hours reading it slowly.

    Abortion goes back to the states, as it always should have stayed.

    I could go on about what a victory feels like, and one long coming, but this is a sensitive topic and it's not quite of general interest. I'll have more to say about what this means for criminal prosecution of the leaker, and the resulting distrust and de-legitimizing of the court tomorrow.
    When I was in law school, the President of our school's Federalist Society would argue with our Civ Pro professor, an actual Civil Rights attorney, that Brown v. the Board of Education was an illegitimate decision, because of stare decisis. Strict originalism is, at its roots, a morally bankrupt and void lens through which to view the Constitution. Those who view it as such are petty tyrants.

    There is no explicit right to privacy in the Constitution. That is true. But there is a very strong implicit argument to be made that there is (which is what the right to abortion is made on). By literally denying the pillar on which Roe stands on, the Court is essentially saying there is no right to privacy - a state can go back to making homosexuality illegal, making interracial marriage illegal, and so on, and so forth. This opinion already criticizes Lawrence/Obergefell, and prominent Republican Congress critters have been on the record criticizing Loving (interracial marriage) and so on and so forth.

    It is anti-democratic to its core.
    Last edited by eschatological; 2022-05-03 at 03:26 AM.

  17. #37
    Quote Originally Posted by postman1782 View Post
    But Abortion is a fucking constitutionally protected right, thanks to the 14th amendment.

    This won't be the victory you think it is.

    So using the above logic...where do we stop?

    Should we remove gay rights and leave it to the states?

    Should only certain states recognize Inner-racial marriages

    Like its insane how badly thought out this line of thinking is and is going to end up being a MASSIVE can of worms.

  18. #38
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    Quote Originally Posted by postman1782 View Post
    But Abortion is a fucking constitutionally protected right, thanks to the 14th amendment.

    This won't be the victory you think it is.
    Not if this leaked memo is accurate and represents the majority. The SCOTUS literally defines what is constitutionally protected and what is not. I fear that it actually will be.

  19. #39
    States can still legislate abortion. It just won't be mandated by the federal government. So I guess abortion after 13 weeks will be against the law in all red states.

    And would the 14th amendment protect babies still in the womb? Don't they have inalienable rights too?
    Last edited by GreenJesus; 2022-05-03 at 03:29 AM.

  20. #40
    Why can't you guys just seperate into 50 different countries if you can't all live by the same laws?

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