It’s long been a truism that the precedents that would need to be toppled to overturn Roe v Wade would put in jeopardy or remove the underpinnings of rights to contraception, same sex marriage and a whole range of reproductive, erotic and matrimonial autonomy and freedom this country has long taken for granted. This is based on the jurisprudence of a “right to privacy” which is the basis of numerous court decisions going back to the 1960s. In a way it is antiseptic and structural. To do away with Roe you need to do away with the right of privacy and doing away with the right of privacy means a whole raft of other decisions fall. But reading Alito’s decision he didn’t want to leave it to that. He dismisses the privacy jurisprudence out of hand and then focuses his argument on these rights not being “deeply rooted in this Nation’s history and tradition” or “implicit in the concept of ordered liberty.”
Continue reading “Alito’s Opinion is Traditionalism Masquerading as Originalism”Where Things Stand: A Link Between Backsliding Democracies And Abortion Bans
There’s lots of brilliant think pieces from reporters, scholars and political observers to consume today to help wrap one’s head around the gravity of the last 24-hours. Here’s another take to add to the list this evening.
New York Times writer Max Fisher flagged a piece he published back in September 2021 here:
Continue reading “Where Things Stand: A Link Between Backsliding Democracies And Abortion Bans”The Draft Opinion Is An Untempered Victory Lap Reveling In Roe’s Demise
For a long time, the conventional wisdom was that Roe’s death would come in 1,000 cuts.
Continue reading “The Draft Opinion Is An Untempered Victory Lap Reveling In Roe’s Demise”Draft Opinion Calls Back To Amy Coney Barrett’s Wild ‘Safe Haven’ Argument
Justice Samuel Alito, the reported author of the leaked draft majority opinion overturning abortion rights, peppered the document with veiled references to his colleagues’ positions.
Continue reading “Draft Opinion Calls Back To Amy Coney Barrett’s Wild ‘Safe Haven’ Argument”Draft Supreme Court Decision Charts Path Toward Outlawing Abortion Everywhere
The leaked draft opinion that set America aflame Monday night contains more than proof that a majority of Supreme Court justices voted to overturn abortion rights. It’s peppered with hints revealing an openness to outlawing abortion nationwide, always the end game for the core of the anti-abortion movement.
Continue reading “Draft Supreme Court Decision Charts Path Toward Outlawing Abortion Everywhere”GOP Electeds Complain: Who Leaked Our Victory?
On Tuesday morning, Senate Minority Leader Sen. Mitch McConnell (R-KY) had one thing to say about the leaked draft opinion overturning Roe v. Wade: the problem was the leak.
Continue reading “GOP Electeds Complain: Who Leaked Our Victory?”Susan Collins Can’t Believe The Two Anti-Abortion Justices She Voted For Are Gutting Roe
Sen. Susan Collins (R-ME) is very surprised that the conservative supermajority on the Supreme Court that she helped entrench is on the cusp of killing Roe v. Wade after then-nominees Neil Gorsuch and Brett Kavanaugh apparently convinced her that they wouldn’t do that.
Continue reading “Susan Collins Can’t Believe The Two Anti-Abortion Justices She Voted For Are Gutting Roe”Five Key Takeaways From The Bombshell SCOTUS Draft Opinion Dismantling Roe
A leaked draft of the Supreme Court’s majority opinion on a Mississippi abortion ban revealed that a majority of the conservative justices has voted to strike down Roe v. Wade.
Continue reading “Five Key Takeaways From The Bombshell SCOTUS Draft Opinion Dismantling Roe”Supreme Court Confirms That Leaked Abortion Opinion Draft Is Legitimate
The leaked opinion showing a majority of Supreme Court justices voting to overturn abortion rights is legitimate, according to the public information officer of the Supreme Court.
“Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case,” Court spokesperson Patricia McCabe said.
Below the official court statement, Chief Justice John Roberts said in a statement that he has directed the Marshal of the Court to investigate the source of the leak.
The draft was obtained by Politico and published Monday evening. The outlet reported that the opinion was written by Justice Samuel Alito, who was joined by Justices Brett Kavanaugh, Amy Coney Barrett, Clarence Thomas and Neil Gorsuch when they voted in conference after oral arguments in December.
Read the statements here:
Statement from Biden
The White House just released this statement about Roe. Here’s the text and then a few comments from me.
Continue reading “Statement from Biden”