Well the DNC should state that elections have consequences and if they truly cared about this issue they should have worked harder to get HRC elected who would have had a hand in selecting a few Justices.. but that ship sailed a long time ago. Problem is the Dems now have to turn their outrage to state elections because Congress and the president have no power over this anymore. Roe v. Wade was always a flawed decision based purely on constitutional grounds, not because far right christians/pro life were correct. I am reading the draft opinion now and the Court has to be very very careful. Claiming the Constitution has no coverage of the issue of abortion and their rationale can be used nefariously in other ways as well. I am reading it slowly (fucking 98 pages!) to understand what is their rationale and if it follows specific previous decision patterns on extending 14th A rights to the states and on which issues. If the Court is not upholding its precendent in how it does that, then it is just as guilty as the Roe court it is critcizing. However the decision so far is well written and makes several goof points. I will not bore you with my legal input unless asked. The issue will be fought in state elections and in state legislatures and state constitutions which could bring this back to the SC again in several years. (I.e. a state law is challenged in State Supreme Court based on state constitution and brought to the SC maybe). My biggest issue with each side is this: Pro-life has many far right christians who normally want to impose their religious beliefs into political and legal proceedings and on society. Fuck them. Pro choice has a segment that wants absolutely zero restrictions or state control over abortions and we know this is as crazy as 2nd A fringe nuts who want zero regulations on gun ownership. Just not possible or correct. give a few weeks for the crying nad marches in D.C. to die off. I think the leaking of the decision was to take the sting out of the release in June or get the outrage over with quickly.
This is just political hacks making it a political issue. There is nothing achieved by the far left leaking the decision since it is a decision already made. Also the leak will never blow up the court as you cannot blow up a court. Just hyperbole in my opinion. The right may have leaked the decision to take away the huge sting if it was released at once in June so after all the initial hysteria, when the official release happens in June it will be anti-climiatic
I'm not sure you can take away the "huge sting" no matter when it was released. But this is just the "current thing" to get all up in outrage about.
Bringing it out now.. in May rather than late June.... puts more distnace between the decision and the election for the ADD electorate who can only hold an issue for 2-3 weeks at most...
It may be a strategic leak. Many right wingers are underestimating how big this really is but the court certainly is aware that this will move the population against them and softening the blow is a possibility. Although I have to say probably the most remote possibility.
For me the leak is stupid since the decision was made already.. this is just the drafting by the clerks and Justice. Whether by the right or left, it achieves nothing long term, chaos short term. I mean people been protesting outside the SC for both sides since the early 1970s so....
It's not really a leak, more of a planned distraction from the current disaster this administration is making of things, and a planned get out the vote movement for November. There isn't a single thing happens it that government which is an accident.
Not exactly sure how to unpack that statement. The court is bound overwhelmingly bound by precedent- per stare decisis- but- acknowledging that the instances should be few- the court can nevertheless flat out decide that a previous case was wrongly decided- which appears to be what Alito is saying from the limited excerpts I have seen. In other words, something can be "settled law" but nevertheless be wrongly settled so needs to be overturned. This of course has been the dance that court nominees have had to make. The left got them to state that they considered Roe to be settled law but they would not state that there were never instances where settled law can and should be changed. Plessy and so on. And round and round we go, and here we are, apparently. Roberts no doubt will need to marshmallow and weasel around more. It's what he does.
Heh. I could be wrong but that looks a lot like my man Joe Biden in that picture. Great constitutional scholar Joe is. Booted out of law school for plagarism. We would expect no less. Then reinstated or something after some time in penalty box. Idiot.