Abortion Has Been Debated In The US Since The 18th Century. The Conflict Today Doesn’t Look Too Different.

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It first appeared at The Conversation.

State-by-state battles are heating up in the wake of news that the U.S. Supreme Court appears poised to overrule landmark rulings – Roe v. Wade and Planned Parenthood v. Casey – and remove constitutional protection for the right to get an abortion.

Now, pro- and anti-abortion advocates are gearing up for a new phase of the abortion conflict.

Continue reading “Abortion Has Been Debated In The US Since The 18th Century. The Conflict Today Doesn’t Look Too Different.”

Mastriano Swiftly Ends Interview Over Questions About Jan. 6, QAnon Conference

Doug Mastriano, the Pennsylvania state senator who’s a leading contender for the Republican gubernatorial nomination, ended an interview Wednesday after being asked about his promotion of the Big Lie and attendance at the Jan. 6 rally that preceded the Capitol attack. 

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Taking Cue From Roe Leak, Abbott Eyes Chance To ‘Resurrect’ SCOTUS Case On Undocumented Immigrants

Texas Gov. Greg Abbott (R) seems to have spotted an opportunity for a new Trumpian stunt now that it’s been confirmed that the conservative majority on the Supreme Court is prepared to raze down Roe v. Wade.

Continue reading “Taking Cue From Roe Leak, Abbott Eyes Chance To ‘Resurrect’ SCOTUS Case On Undocumented Immigrants”

Putting Together the Pieces on The Campaign to Stop Roberts

As I wrote below, the rapid-fire follow-up reporting on John Roberts’ position on the Mississippi case, just hours after the Politico exclusive, made me think at the time that the leaked draft opinion wasn’t a one off thing. It seemed part of a larger breakdown of secrecy or on-going leaks tied to the Mississippi abortion case. You don’t come up with details about the Chief Justice’s position and arguments from internal deliberations on one of the biggest cases in decades in an hour and a half if you’re beginning from a cold start. Then this morning I found out about this Wall Street Journal opinion page editorial from April 26th in which they fairly transparently write about current Court deliberations in the Mississippi case, specifically that John Roberts was trying to pull an unnamed conservative Justice back from fully overturning Roe.

We can’t know for a certainty that this wasn’t just uncannily accurate speculation from the WSJ worthies. But this opinion piece didn’t come out right after the oral arguments in the case on December 1st when five conservative Justices appeared entirely ready to overturn Roe and Roberts seemed to be looking for a path to a more limited, though still restrictionist, opinion. That general dynamic was clear then — and probably could have been anticipated given Roberts’ recent history of mild heterodoxy from GOP priorities if not conservative judicial orthodoxies. But why the column in late April? And why the specifics? It certainly reads like the authors had an inside read on on-going deliberations and fears that Roberts might be in the process of sneaking a defeat from the jaws of victory.

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Here’s The Key Difference Letting Ohio Republicans Win Illegal Districts, While New York Dems Are Stopped

Two very different scenes played out in Ohio and New York on Wednesday, and they illustrate in a nutshell how the difference in state laws can affect whether a state’s majority party can get away with illegal gerrymandering. 

Continue reading “Here’s The Key Difference Letting Ohio Republicans Win Illegal Districts, While New York Dems Are Stopped”

There’s More

Going to write more about this topic this morning after I finish up a meeting. But since writing the piece below I’ve put together new details which make it crystal clear the Alito leak came from the right and that it was part of a pressure campaign and series of leaks that were something of an open secret in the elite conservative legal world.

Alito Abandons First Scheduled Public Appearance Since Roe Opinion Leak

Supreme Court Justice Samuel Alito has scrapped plans to attend a judicial conference that begins on Thursday, which would’ve been his first public appearance since a bombshell draft of his opinion dismantling Roe v. Wade was leaked on Monday.

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Big-Brained Newsmax Host Claims KBJ Is SCOTUS Leaker Somehow

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.

Megamind Theory

Newsmax host Grant Stinchfield, making a fascinating attempt to Frankenstein two sources of manufactured conservative outrage into one, on Wednesday accused future Supreme Court Justice Ketanji Brown Jackson, who is not on the Supreme Court yet, of leaking Justice Samuel Alito’s draft opinion on dismantling Roe v. Wade. In fact, Jackson is Stinchfield’s “first suspect”!

  • Stinchfield suggested that Jackson – did I mention she is not on the Supreme Court yet? – had her law clerks steal a copy of the draft so she could leak it because she’s a “radical left-wing activist.”
  • Only four groups of people would’ve had access to the apparently physical copy Politico obtained, as reported by TPM’s Josh Kovensky: Justices’ clerks and assistants, plus Supreme Court aides, and of course, the justices themselves.

Uh Oh, The Tapes Are Still A-Comin’

New York Times reporters Jonathan Martin and Alex Burns on Wednesday released more recorded audio of House Minority Leader Kevin McCarthy’s (R-CA) frantic private calls to fellow House GOP leaders explicitly acknowledging that Trump was responsible for the Jan. 6 Capitol attack.

  • McCarthy fretted during a Jan. 8 call that the process of potentially getting rid of Trump via the 25th Amendment “takes too long,” according to the new tape.
  • McCarthy also floated reaching out to President-elect Joe Biden to ensure a smooth transition of power, the audio reveals.

Alito Cancels First Public Appearance Since Roe Opinion Leak

Supreme Court Justice Samuel Alito has ditched plans to attend the 5th U.S. Circuit Court of Appeals’ judicial conference that begins today after a copy of his draft opinion striking down Roe v. Wade got leaked to Politico earlier this week.

  • The Supreme Court’s spokesperson didn’t explain to Reuters why Alito wasn’t going to the conference.
  • Supreme Court Justices Clarence Thomas and John Roberts are scheduled to speak at the judicial conference for the 11th U.S. Circuit Court of Appeals this week.

Meet Your 2022 GOP House Candidates

GOP nominee J.R. Majewski, who is seeking to unseat Rep. Marcy Kaptur (D-OH) in November, doesn’t just advance Trump’s Big Lie about the 2020 election: He was also in D.C. on Jan. 6 for the pro-Trump protests that preceded the Capitol attack (though he denies being involved in the violence), claims that the violence that unfolded that day was “driven” by the FBI and was “a stage show,” and has sympathized and rubbed shoulders with QAnon believers.

Don Jr. Testifies Before Jan. 6 Panel

The ex-president’s eldest son, Don Trump Jr., had an interview with the House Jan. 6 Committee on Tuesday for several hours, according to multiple outlets. He had agreed to do it without a subpoena.

After Roe, Anything Goes

Texas Gov. Greg Abbott (R) told a right-wing radio host on Wednesday that he may “resurrect” a decades-old Supreme Court challenge that ended with the high court ruling in the 1982 case Plyler v. Doe that undocumented immigrants must be allowed to have a public education regardless of their citizenship status.

  • Abbott said it was time to bring back the challenge because “the times are different than when Plyler v. Doe was issued many decades ago.” Not really subtle about the fact that the GOP governor feels emboldened to “resurrect” anything now that the Supreme Court’s conservative majority has been shown to be perfectly willing to throw precedents like Roe v. Wade into the wood chipper.

Must Read

“‘I Can’t Have This Baby’: A Lone Abortion Clinic on the Border” – The New York Times

Secretary Of State Blinken Tests Positive For COVID

The State Department announced Wednesday that Secretary of State Antony Blinken had tested positive for COVID-19 earlier that day and was experiencing mild symptoms. He hasn’t seen President Biden in person for several days, according to the department.

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A Journal Op-Ed From Last Week Tells the Tale on the Alito Leak

I guess others clearly had. But I had not seen this April 26th Journal op-ed about the jockeying on the Mississippi abortion case until now. It’s very, very clarifying.

After Politico’s exclusive on Monday night publishing the draft Alito majority opinion, CNN followed rapidly that same evening with very specific details about Roberts’ position on the case, resisting joining the majority opinion and perhaps trying to lure one of the five Justices to a narrower ruling. When that second story came out so quickly I said that it made me think that the breakdown of secrecy on this case went beyond the leak of the draft opinion. Reading the Journal op-ed from last week makes that basically a certainty.

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