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Roe v Wade is on deck

The SCOTUS clearly misplaced their copy of the 9th amendment. Is there any way we can mail it to them?

Thanks,
They didn't misplace it, they just don't give a shit about the Constitution when they aren't able to weaponize it in pursuit of their theocratic goals. Every literalist worships their favorite documents right up to the point where they disagree with something it says, and not an centimeter further.
 
Would anyone be surprised if there isn't a real attempt to assassinate a SCOTUS judge? The one a couple weeks ago doesn't count.
Why doesn't it count? Because they failed?
Well, to be fair, most of these Scrotums seem to be in favor of "second amendment solutions".

Reaping and sowing and all that.

I wouldn't shed a tear.
 
I'd weep for the Democracy though. That sort of violence will galvanize an already galvanized alt-right Christian dominionistic movement. We have before us options, mostly at the state level, citizen passed constitutional amendments. That is our only option.
 
So it's legal Calvinball. Loudly assert one's new rules as one goes.
Pretty much. Antonin Scalia was once asked about the Ninth in interview, and said the following:

SCALIA: He should apply the Ninth Amendment as it is written. And I apply it rigorously; I do not deny or disparage the existence of other rights in the sense of natural rights. That’s what the framers meant by that. Just because we’ve listed some rights of the people here doesn’t mean that we don’t believe that people have other rights. And if you try to take them away, we will revolt. And a revolt will be justified. It was the framers’ expression of their belief in natural law. But they did not put it in the charge of the courts to enforce.
Summary: he doesn't believe it is his responsibility as a jurist to enforce the law; the Ninth only requires him to acknowledge that other might have unenumerated rights, not that the Court has any responsibility whatsoever to defend those rights. Everything comes down to what the founders wanted, but he decides on their behalf what that was.

He continued:
Look, when I was in law school, if you had asked me what the Ninth Amendment was and my life depended upon it, I would be dead! Nobody ever used the Ninth Amendment for anything. Now, since those who have been using substantive due process have finally acknowledged that it’s a contradiction in terms, it’s silliness.
Summary: he ignored it in law school, and disparages it now.

Ladies and Gentleman, a senior Supreme Court Justice of the United States.

Full interview here, if you're curious.
 
Meh. Civil War is also an option.

The alt-right seems to think that will end well for them.

I'd like to test that assumption.
Considering how their last attempt ended, I'd take those odds. But the problem is that no one ever "wins" a modern war, let alone a civil war. We obsess over nuclear bombs, but with or without them, every country in which a war was fought in the last two decades or so is now a barely habitable wasteland. If we want any of our rights and privileges to persist or mean anything, we must find a way to peacefully resolve civil strife. The second two armies mobilize, the country they're in is over.
 
Considering how their last attempt ended, I'd take those odds. But the problem is that no one ever "wins" a modern war
Certainly not on the battlefield anyhow. But it could be a big and possibly final "win" if the steps that should have been taken after the last civil war were taken after the next one. You know... stuff like reducing the congressional presence of insurrectionist States to one Senator each, having their elections and districting overseen by Congress, creating a penalty structure for cheating or trying to overthrow the government again etc.
 
Considering how their last attempt ended, I'd take those odds. But the problem is that no one ever "wins" a modern war
Certainly not on the battlefield anyhow. But it could be a big and possibly final "win" if the steps that should have been taken after the last civil war were taken after the next one. You know... stuff like reducing the congressional presence of insurrectionist States to one Senator each, having their elections and districting overseen by Congress, creating a penalty structure for cheating or trying to overthrow the government again etc.
Yeah? And that resolved civil strife in the South, did it?

confederate.jpg

But that was 1865, in any case. The situations may echo one another in some respects, but the outcome would be very different. Sherman was able to kill a lot of civilians and end agricultural production across a large swath of the South, but it was nothing like what is happening in Ukraine or Yemen right now.
 
What I have been saying for a while:
Samuel Alito said:
Finally, the Court considers whether a right to obtain an abortion is part of a broader entrenched right that is supported by other precedents. The Court concludes the right to obtain an abortion cannot be justified as a component of such a right. Attempts to justify abortion through appeals to a broader right to autonomy and to define one’s “concept of existence” prove too much. Casey, 505 U. S., at 851. Those criteria, at a high level of generality, could license fundamental rights to illicit drug use, prostitution, and the like.

From page 4 of the ruling.

Of course, instead of overturning RvW, he should have done the right thing and legalized consensual sex work nationwide. Missed opportunity.
 
What I have been saying for a while:
Samuel Alito said:
Finally, the Court considers whether a right to obtain an abortion is part of a broader entrenched right that is supported by other precedents. The Court concludes the right to obtain an abortion cannot be justified as a component of such a right. Attempts to justify abortion through appeals to a broader right to autonomy and to define one’s “concept of existence” prove too much. Casey, 505 U. S., at 851. Those criteria, at a high level of generality, could license fundamental rights to illicit drug use, prostitution, and the like.

From page 4 of the ruling.

Of course, instead of overturning RvW, he should have done the right thing and legalized consensual sex work nationwide. Missed opportunity.
I agree. Bodily autonomy with respect to drug use and prostituition are also fundamental human rights.
 
Considering how their last attempt ended, I'd take those odds. But the problem is that no one ever "wins" a modern war
Certainly not on the battlefield anyhow. But it could be a big and possibly final "win" if the steps that should have been taken after the last civil war were taken after the next one. You know... stuff like reducing the congressional presence of insurrectionist States to one Senator each, having their elections and districting overseen by Congress, creating a penalty structure for cheating or trying to overthrow the government again etc.
Yeah? And that resolved civil strife in the South, did it?

View attachment 39236

But that was 1865, in any case. The situations may echo one another in some respects, but the outcome would be very different. Sherman was able to kill a lot of civilians and end agricultural production across a large swath of the South, but it was nothing like what is happening in Ukraine or Yemen right now.

Sure, it’s a pipe dream but - Don’t be such a downer, Poli. We don’t have to go there. These fascist clowns would quickly come to resemble the 1/6 mob, with most of them just wanting to party and go home.
 
Meanwhile, the Democrats seem to be beside themselves with excitement, thinking this is going to be their golden goose; my phone is blowing up with texts like "STOP THE REPUBLICANS NOW, GIVE US MONEY!!!" "THE NEXT ELECTION WILL DECIDE WHETHER WOMEN HAVE RIGHTS, DONATE TODAY!" It's like if you had a house fire, and after parking themselves on the sidewalk silently watching your house burn down, the firefighters promptly started handing you brochures about supporting the local firepersons union if you don't want the next house to burn, too. Maybe tell me how you plan to do things differently next time, before asking me to fund the next five decades of inaction.
 
Meanwhile, the Democrats seem to be beside themselves with excitement, thinking this is going to be their golden goose; my phone is blowing up with texts like "STOP THE REPUBLICANS NOW, GIVE US MONEY!!!" "THE NEXT ELECTION WILL DECIDE WHETHER WOMEN HAVE RIGHTS, DONATE TODAY!" It's like if you had a house fire, and after parking themselves on the sidewalk silently watching your house burn down, the firefighters promptly started handing you brochures about supporting the local firepersons union if you don't want the next house to burn, too. Maybe tell me how you plan to do things differently next time, before asking me to fund the next five decades of inaction.
Can Congress pass a law forbidding the States from forbidding abortion?
 
Meanwhile, the Democrats seem to be beside themselves with excitement, thinking this is going to be their golden goose; my phone is blowing up with texts like "STOP THE REPUBLICANS NOW, GIVE US MONEY!!!" "THE NEXT ELECTION WILL DECIDE WHETHER WOMEN HAVE RIGHTS, DONATE TODAY!" It's like if you had a house fire, and after parking themselves on the sidewalk silently watching your house burn down, the firefighters promptly started handing you brochures about supporting the local firepersons union if you don't want the next house to burn, too. Maybe tell me how you plan to do things differently next time, before asking me to fund the next five decades of inaction.
Should we conclude that our system of government does not work? If not, what recourse do we have? Is there any effective recourse?
 
Meanwhile, the Democrats seem to be beside themselves with excitement, thinking this is going to be their golden goose; my phone is blowing up with texts like "STOP THE REPUBLICANS NOW, GIVE US MONEY!!!" "THE NEXT ELECTION WILL DECIDE WHETHER WOMEN HAVE RIGHTS, DONATE TODAY!" It's like if you had a house fire, and after parking themselves on the sidewalk silently watching your house burn down, the firefighters promptly started handing you brochures about supporting the local firepersons union if you don't want the next house to burn, too. Maybe tell me how you plan to do things differently next time, before asking me to fund the next five decades of inaction.
Should we conclude that our system of government does not work? If not, what recourse do we have? Is there any effective recourse?
Of course we should continue trying. But I'd rather see a plan than a vague plea for support. And yes, I know that some Democrats are working on exactly that, albeit far too late to do any good. But I also fully expect those efforts to be sabotaged by fellow Democrats. I'm going to invest my money (and votes) in people and organizations I trust to use them well, not just hand it to the Party as a blank check that I have no reason to assume they will spend prudently.
 

Biden must take stronger action on abortion, Senate Democrats say


In an interview with NPR on Saturday, Washington Sen. Patty Murray said she'd asked the administration to have a governmentwide plan in place on "day one," as soon as the Supreme Court issued its decision.

"We're at day two," Murray said. "We can't wait days or weeks to get action for people who today need this kind of care, are sitting in their homes scared to death, worried about their own health, worried about their own economic situation, wondering what the heck they can do. Every day that goes by is one day too many."
 
Meanwhile, the Democrats seem to be beside themselves with excitement, thinking this is going to be their golden goose; my phone is blowing up with texts like "STOP THE REPUBLICANS NOW, GIVE US MONEY!!!" "THE NEXT ELECTION WILL DECIDE WHETHER WOMEN HAVE RIGHTS, DONATE TODAY!" It's like if you had a house fire, and after parking themselves on the sidewalk silently watching your house burn down, the firefighters promptly started handing you brochures about supporting the local firepersons union if you don't want the next house to burn, too. Maybe tell me how you plan to do things differently next time, before asking me to fund the next five decades of inaction.
Can Congress pass a law forbidding the States from forbidding abortion?
I believe so.
 
Meanwhile, the Democrats seem to be beside themselves with excitement, thinking this is going to be their golden goose; my phone is blowing up with texts like "STOP THE REPUBLICANS NOW, GIVE US MONEY!!!" "THE NEXT ELECTION WILL DECIDE WHETHER WOMEN HAVE RIGHTS, DONATE TODAY!" It's like if you had a house fire, and after parking themselves on the sidewalk silently watching your house burn down, the firefighters promptly started handing you brochures about supporting the local firepersons union if you don't want the next house to burn, too. Maybe tell me how you plan to do things differently next time, before asking me to fund the next five decades of inaction.
Can Congress pass a law forbidding the States from forbidding abortion?
It would end up at the same Court, if they tried, and end the same way. Full on reversing the effects of this decision is not a plausible immediate goal.
 
I think that the anti-abortion court ruling is going to end up spectacularly backfiring on the GOP. The reason why the Democrats have failed to gain any new strongholds in the past fifty years has been partly due to the fact that, even if you live in the most conservative state in the entire country, that state could not really take away this basic aspect of human dignity. The chances that Texas could become a swing state in the next few years were incredibly low before, but now, the chances have risen considerably.

And if the SCOTUS were to attack landmark gay rights rulings, then that would probably activate the LGBTQ community, and they are a real hornet's nest. They have been since Stonewall. While the LGBTQ community has remained spectacularly skilled at getting people to organize at the grassroots level, a possible threat to rulings like Obergefell v. Hodges or Lawrence v. Texas would be grounds for war.

Now that supporters of abortion rights have to fight in every single state in order to protect their rights, they will be a lot less politically complacent.

The political stakes in this country have shifted tremendously, this year.
 
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