Thomas Calls For SCOTUS To ‘Reconsider’ Rights To Same-Sex Marriage, Contraception

Much of the 213-page decision overturning abortion rights is concerned with what the justices are really saying. 

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Congress Passes Modest Gun Reform Bill After SCOTUS Hands Down Anti-Regulation Opinion

The House passed a bill aimed at keeping guns out of the hands of dangerous people Friday, a day after the Senate did so in a break from the usual Republican obstruction of even the mildest gun reform measures.

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Roberts Tries To Wash Hands Of Overturning Roe While Joining Majority Judgment

Chief Justice John Roberts doesn’t agree with overturning abortion rights — but don’t look for his name among the dissenters. 

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Dissenting Liberals Sound The Alarm On The Floodgates Opened By Overturning Roe

Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor wrote an unusual joint dissent, in which they devote pages to alerting readers to the pandora’s box opened by the conservative majority officially overturning abortion rights. 

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Wrong Turn at Albuquerque

It’s been rather tidy to encapsulate conservative opposition to Roe as one decision gone way too far that marks a fork in the road of modern jurisprudence.

But Justice Thomas’ concurring opinion in Dobbs today makes clear that the true fork in the road for diehards came at least a decade before Roe, with a series of substantive due process cases that protected the rights to contraception and private sex acts and extended all the way to 2015 with the right to same-sex marriage.

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And There It is

So there it is. Entirely expected and yet still shocking to see in the full light of day. As I wrote last month here and reiterated in this Times oped earlier this month, this is the one path to reviving Roe’s protections. Get 48 Senators on the record clearly and publicly promising to pass a Roe law in January 2023 and change the filibuster rules to make that possible. That puts abortion rights and Roe protections clearly on the ballot. It’s not a certain path by any means. But it is certainly the only path available right now.

Addendum: I had pulled back a bit on trying to figure out just where every senator stood because as long as the decision wasn’t 100% official it was premature. Premature in the sense that it wasn’t really possible for voters to apply maximum pressure. Now’s the time.

How We Know When It’s Serious

The list of federal law enforcement searches on Wednesday, most of which came to light during yesterday’s blockbuster Jan 6th testimony, should remind us of a critical point. The exercise of the law is not simply a matter of finding crimes and prosecuting criminals. It also has a profound signaling effect. It is how society speaks to itself about what is and is not acceptable behavior. Even now I find even myself a bit surprised seeing this drama escalate to morning FBI raids, seizure of electronic devices and more. But of course that’s what happens when people commit serious crimes. In key ways that is how we are conditioned to know what is serious and what is not, what we collectively as a society view as a grave offense. When that doesn’t happen, especially for those not following the details, we assume – and not unreasonably – that it is just politics.