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Kryptos
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Bye Bye Roe
#27760744 - 05/02/22 10:40 PM (2 years, 16 days ago) |
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Quote:
WASHINGTON — The Supreme Court privately voted to strike down the landmark Roe v. Wade decision that has guaranteed the right to abortion for nearly a half-century, according to a leaked draft opinion from February published online Monday night by Politico.
In the draft opinion, written by Justice Samuel A. Alito Jr., a majority of the court voted to overturn Roe, according to Politico. Justice Alito called it wrongly decided and said the contentious issue, which has animated political debates in the United States for more than a generation, should be decided by politicians, not the courts.
“We hold that Roe and Casey must be overruled,” Justice Alito writes in the document, labeled the “Opinion of the Court,” referring to a second decision that reaffirmed Roe. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
The draft posted by Politico is consistent with the Supreme Court’s published opinions in ways large and small, including structure, length, typography and how legal citations are rendered. Its assertive and sometimes slashing tone reads very much like other major opinions from Justice Alito.
The release of the 98-page document is unprecedented in the court’s modern history: Early drafts of opinions have virtually never leaked before the final decision is announced, and never in such a consequential case. And early drafts of opinions often change by the time the decision from the court is announced.
Shortly after the article was published Monday night, Politico’s editor in chief, Matthew Kaminski, and its executive editor, Dafna Linzer, sent an email to newsroom employees emphasizing its authenticity. In the memo, Mr. Kaminski and Ms. Linzer said that the article underwent “an extensive review process,” describing it as “plainly news of great public interest.”
Asked for reaction to the apparent leak, a Supreme Court spokeswoman said the court had no comment.
If the justices announce a decision along the lines of the early, leaked draft, it would be a seismic change in American law and politics, coming just months before congressional midterm elections that will decide who controls power on Capitol Hill.
Abortion has long split the two parties — and the country — though it had receded as a central issue in presidential elections even while remaining a galvanizing issue for many. A court decision along the lines of the one in the early draft could incite new political battles in Congress and in states across the country about whether and how the procedure should be limited.
The Politico report said the justices voting to support Justice Alito’s opinion were Clarence Thomas, Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett. The news organization said Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan were working on dissents. It was not clear how Chief Justice John G. Roberts Jr. planned to vote.
Roe v. Wade, which established a constitutional right to abortion in a landmark 1973 case, has been a centerpiece of American jurisprudence ever since. In the language of the court, it has been a precedent that cemented the basic rights of women to have access to a legal abortion. Over the years, the court has accepted restrictions on that right, but has not wavered from the basic legal standard set out by Roe.
The current court — which has six conservative justices and three liberal ones — has provided indications over the past year that it may be willing to reconsider that position.
During Supreme Court arguments in December, conservative justices indicated a willingness to scale back, if not undo, the federal abortion protections and leave most of the regulation up to individual states.
In more than two dozen conservative states, lawmakers have prepared bills that would effectively outlaw abortion if the court overturns Roe v. Wade. If the court embraces Justice Alito’s draft opinion as its final position, it would clear the way for those bills to quickly become law.
The draft opinion makes familiar arguments against Roe. It says that the Constitution is silent about abortion and that nothing in its text or structure supports a constitutional right to abortion. Roe, the draft continues, is so egregiously wrong that it does not deserve to be retained as a precedent. The proper approach, the draft says, is to return the question to the states.
The Mississippi law challenged in the case bans abortions after 15 weeks of pregnancy, and Justice Alito could have adopted a middle-ground approach advocated by Chief Justice Roberts when the case was argued in December: to sustain the law and leave questions about the fate of Roe for another day.
According to Justice Alito’s draft, a majority rejected that approach.
If the draft opinion or something like it is ultimately issued, it will produce rifts at the court that could test its legitimacy.
At the argument, the court’s three liberal members said that overruling Roe soon after a change in the court’s membership would damage the court’s authority. Indeed, Justice Sonia Sotomayor said, doing so would pose an existential threat.
“Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?” she asked.
“If people actually believe that it’s all political, how will we survive?” she asked. “How will the court survive?”
The leak of the draft opinion sent a jolt through Washington Monday night. The revelations from the draft opinion once again place the nine justices at the center of one of the most contentious issues in American life.
But the leak may also be the starting gun on a fierce, new political debate even before the justices issue a final ruling.
Conservatives who oppose abortion rights quickly hailed Justice Alito’s conclusions as the correct ones for the country, praising him for legal reasoning that they have been arguing for decades in the court of public opinion.
“We don’t know whether rumors of the end of Roe are accurate yet, but we know that ending Roe is the right decision, returning the issue to ‘we the people’ from a few judges with an agenda,” said Kristan Hawkins, the president of Students for Life of America. “You won’t find ‘abortion’ written in invisible ink in the Constitution, undiscovered until seven men saw it in 1973. Ending preborn human life is and has always been a judicial error.”
Senator Tom Cotton, Republican of Arkansas, tweeted Monday night that “Roe was egregiously wrong from the beginning & I pray the Court follows the Constitution & allows the states to once again protect unborn life.”
But he also assailed the leak of the draft opinion, saying the Supreme Court and the Justice Department “must get to the bottom of this leak immediately using every investigative tool necessary.”
Democratic lawmakers and liberal activists also criticized the leak. But many quickly seized on the news as a prime reason that voters should support Democrats in the fall elections.
“If this report is true, this Republican attack on abortion access, birth control and women’s health care has dramatically escalated the stakes of the 2022 election,” said Christie Roberts, the executive director of the Democratic Senatorial Campaign Committee. “At this critical moment, we must protect and expand Democrats’ Senate majority with the power to confirm or reject Supreme Court justices.”
Cecile Richards, who served as president of Planned Parenthood from 2006 to 2018, as Congress and state legislatures ramped up restrictions on reproductive health, said that “ending legal abortion will not end abortion. It simply will mean that women are no longer safe in this country, and that lies at the feet of the Republican Party.”
On Twitter Monday night, the news generated a debate about which political party might benefit from the early revelation of the court’s possible decision. Many argued that Democrats would use the report to energize their core voters.
Senator Patty Murray, Democrat of Washington and a member of her party’s leadership in the Senate, promised to do just that.
“After ringing these alarms for years now, it’s time to break the glass,” she wrote in a statement. “We need to fight back with everything we’ve got right now. The right to abortion is on the line, and I’ll never stop fighting to protect it.”
Thoughts? Apart from, ya know, screw women, right?
Get yer coat hangers ready.
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Dr. Funtime
Wipes Sideways

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Re: Bye Bye Roe [Re: Kryptos]
#27760746 - 05/02/22 10:42 PM (2 years, 16 days ago) |
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vasectomy time
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Kryptos
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Re: Bye Bye Roe [Re: Kryptos]
#27760749 - 05/02/22 10:43 PM (2 years, 16 days ago) |
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Cali is, as always, on point.
Quote:
Abortion rights activists and Democrats in California have been planning for months in anticipation of a Roe v. Wade reversal. Bills expanding access, protecting abortion providers from out-of-state lawsuits and underwriting travel for patients are pending, with abortion demand expected to rise by as much as 3,000 percent in the state.
I wonder what will happen when pennsyltucky bans traveling out of state and makes it a felony...can states refuse extradition?
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Kryptos
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Quote:
Dr. Funtime said: vasectomy time
They'll ban those next.
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imachavel
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Re: Bye Bye Roe [Re: Kryptos]
#27760755 - 05/02/22 10:52 PM (2 years, 16 days ago) |
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Wait a minute.......
After 15 years?
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I did not say to edit my signature soulidarity! Now forever I will never remember what I said about understanding the secrets of the universe by paying attention to subtleties!
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christopera
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Re: Bye Bye Roe [Re: Kryptos]
#27760891 - 05/03/22 03:58 AM (2 years, 16 days ago) |
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22 states have bills that will automatically ban abortions if Roe is overturned. They look like mostly the shitty states though there are a few surprises.

The leak has been confirmed by SCOTUS by the way. Usually they are super tight, so a leak there is huge.
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Hartford
Lawful Good



Registered: 11/27/19
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God bless America!
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Brian Jones
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Amazon employee benefits now cover up to 4K per year for travel expenses for medical procedures not available nearby, including abortions and gender reassignment.
-------------------- "The Rolling Stones will break up over Brian Jones' dead body" John Lennon I don't want no commies in my car. No Christians either. The worst thing about corruption is that it works so well,
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Kryptos
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That sounds like they don't cover, ya know, the expensive part. The actual medical stuff.
Of course, that also leads to the Disney possibility of Republicans specifically targeting companies that do that.
Edit: I mean the forced birthers aren't gonna stop here, they have explicitly called for a federal ban and a constitutional amendment, they're not going to actually leave it up to the states.
Edited by Kryptos (05/03/22 07:05 AM)
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Brian Jones
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Re: Bye Bye Roe [Re: Kryptos]
#27761041 - 05/03/22 07:33 AM (2 years, 16 days ago) |
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To get the benefit you have to be enrolled in their Blue Cross or Aetna plans. It covers elective abortion.
-------------------- "The Rolling Stones will break up over Brian Jones' dead body" John Lennon I don't want no commies in my car. No Christians either. The worst thing about corruption is that it works so well,
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Kryptos
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Interesting.
That just leaves the Disney gambit, then. Will Amazon keep it when Republicans decide to charge them extra taxes for their insolence?
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The Ecstatic
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Re: Bye Bye Roe [Re: Kryptos] 1
#27761070 - 05/03/22 07:53 AM (2 years, 16 days ago) |
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Quote:
Kryptos said: Cali is, as always, on point.
Quote:
Abortion rights activists and Democrats in California have been planning for months in anticipation of a Roe v. Wade reversal. Bills expanding access, protecting abortion providers from out-of-state lawsuits and underwriting travel for patients are pending, with abortion demand expected to rise by as much as 3,000 percent in the state.
I wonder what will happen when pennsyltucky bans traveling out of state and makes it a felony...can states refuse extradition?
The problem with this is that, historically, middle/upper class people have always had access to abortions, it’s part of what took Roe so long to actually happen. And the same thing has been happening for years now as it’s been slowly chipped away at in red states. The dozen or so solid blue states will pass laws enshrining abortion rights, and the coastal liberals will rest easy knowing their state did the right thing, and chastise the poor folk in red states for not voting hard enough.
Obama promised to codify Roe, didn’t do it. Then RBG refuses to retire. Then they let McConnell steal a seat from them. Then liberals lose the Court after the Dems work really hard to lose to Trump. Then Biden gets a majority and promises to codify Roe, doesn’t do it.
And now the Democrats will tell you, on the eve of the midterms, that you have to give them money and vote for them so they can protect Roe. Biden will send $50B to Kiev for abortion clinics before the Democrats decide to act on abortion, because it’s a guaranteed fundraising tool. Fuck, RIGHT NOW, Nancy Pelosi and Joe Biden are endorsing a pro-life Democrat man in Texas over a pro choice woman. It’s a game to these people.
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Brian Jones
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Re: Bye Bye Roe [Re: Kryptos]
#27761136 - 05/03/22 09:01 AM (2 years, 16 days ago) |
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Quote:
Kryptos said: Interesting.
That just leaves the Disney gambit, then. Will Amazon keep it when Republicans decide to charge them extra taxes for their insolence?
Both parties are threatening to make Amazon start paying some real taxes. I think the Democrats have talked about it more. We shall see. Amazon seems to have gone whole hog left on a lot of social issues, (as are other new big capital companies). They can afford it. The second Staten Island warehouse just voted down the union, so they have crushed that momentum for a while.
-------------------- "The Rolling Stones will break up over Brian Jones' dead body" John Lennon I don't want no commies in my car. No Christians either. The worst thing about corruption is that it works so well,
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The Ecstatic
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Idk about crushed momentum, there is a surge of both unionization and public approval of unions lately.
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Enlil
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Re: Bye Bye Roe [Re: Kryptos] 1
#27761160 - 05/03/22 09:33 AM (2 years, 16 days ago) |
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It took them this long to do the right thing. I'll be glad to see it overturned. This will pave the way for some real reform to protect women's rights.
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The Ecstatic
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Re: Bye Bye Roe [Re: Enlil]
#27761162 - 05/03/22 09:35 AM (2 years, 16 days ago) |
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There are many options, and Democrats are willing to do none of them.
They won’t get rid of the filibuster. They won’t codify Roe into law. They won’t pack the Court.
I guess their hands are tied and just forced to fundraise off women’s rights until the end of time.
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feevers



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Should we start the Bye Bye Obergefell v. Hodges thread now or just a wait a year?
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Enlil
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Why would you expect the dems to do anything?
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Hartford
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Re: Bye Bye Roe [Re: Enlil] 1
#27761225 - 05/03/22 10:19 AM (2 years, 16 days ago) |
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This will further the atmosphere of sobriety in red states that will be very attractive to businesses, as they continue to flee the looters and social instability of blue states.
The leftists, looking to loot and burn businesses, like the scum of the earth bastard bitches they are, will meet a wall of lead if they come to Tennessee looking for booty.
Get that trash out of my backyard.
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christopera
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Re: Bye Bye Roe [Re: Hartford] 1
#27761230 - 05/03/22 10:25 AM (2 years, 16 days ago) |
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Tennessee is 33 in school ranking, 37th in healthcare access, 35th wealthiest, 3rd highest in violent crime.
Not sure what you are up to, but Tennessee is pretty much shit. It is the trash in the backyard.
-------------------- Enjoy the process of your search without succumbing to the pressure of the result. A Dorito is pizza, change my mind. Bank and Union with The Shroomery at the Zuul on The internet - now with %'s and things I’m sorry it had to be me.
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