Draft Overturning Roe Quotes Infamous Witch Trial Judge With Long-Discredited Ideas On Rape

This article first appeared at ProPublica, a Pulitzer Prize-winning investigative newsroom.

When U.S. Supreme Court Justice Samuel Alito, in a draft opinion obtained and published this week by Politico, detailed his justifications for overturning Roe v. Wade, he invoked a surprising name given the case’s subject. In writing about abortion, a matter inextricably tied to a woman’s control over her body, Alito chose to quote from Sir Matthew Hale, a 17th-century English jurist whose writings and reasonings have caused enduring damage to women for hundreds of years.

The so-called marital rape exemption — the legal notion that a married woman cannot be raped by her husband — traces to Hale. So does a long-used instruction to jurors to be skeptical of reports of rape. So, in a way, do the infamous Salem witch trials, in which women (and some men) were hanged on or near Gallows Hill.

Continue reading “Draft Overturning Roe Quotes Infamous Witch Trial Judge With Long-Discredited Ideas On Rape”

Esper Warned Armed Forces Against Being Coopted By Trump Desperate To Retain Power

In the weeks before the 2020 election, Secretary of Defense Mark Esper directed senior military leaders to alert him to any “unusual” requests from the White House.

Continue reading “Esper Warned Armed Forces Against Being Coopted By Trump Desperate To Retain Power”

Chief Justice Roberts Says Roe Leaker Would Be ‘Foolish’ To Think Leak Will Affect SCOTUS’ Work

Supreme Court Chief Justice John Roberts on Thursday slammed the unknown person who leaked a draft of the conservative majority’s opinion striking down Roe v. Wade.

Continue reading “Chief Justice Roberts Says Roe Leaker Would Be ‘Foolish’ To Think Leak Will Affect SCOTUS’ Work”

Esper: Trump Wanted To Activate Retired Four-Stars To Court-Martial Them For Disloyalty

President Donald Trump demanded that the military recall two retired four-star officers who criticized him so they could be court-martialed, a new book says.

Continue reading “Esper: Trump Wanted To Activate Retired Four-Stars To Court-Martial Them For Disloyalty”

About Those Press Leaks About US-Ukraine Intel Sharing

I want to chime in on these articles, which John Judis notes below, which have U.S. defense officials taking credit for providing intelligence to Ukraine that helped kill Russian generals and sink the ship Moskva. My take on it is somewhat different. But we agree inasmuch as making these comments seems very ill-advised and unhelpful.

A few points.

Continue reading “About Those Press Leaks About US-Ukraine Intel Sharing”

Psych! Giuliani Suddenly Cancels Jan. 6 Panel Interview At 11th Hour

After months of negotiations with the House Jan. 6 Committee, former Trump lawyer Rudy Giuliani abruptly abandoned his agreement to testify in front of the panel on the eve of the interview, which had been scheduled for Friday.

Continue reading “Psych! Giuliani Suddenly Cancels Jan. 6 Panel Interview At 11th Hour”

The US is Making a Diplomatic Solution Difficult in Ukraine

Washington is abuzz over the question of who leaked the Supreme Court draft overturning Roe v. Wade. I am far more interested in who were the unnamed officials who boasted to The New York Times and Washington Post about the United States’ success in helping Ukraine kill Russian generals and sink that warship. These boasts are beyond impolitic.

Continue reading “The US is Making a Diplomatic Solution Difficult in Ukraine”

Only One Path on Codifying Roe

Last night, Politico Nightly had a somewhat ungenerous read on Democratic efforts to codify Roe. Congress Editor Elana Schor noted that Democrats are resisting efforts to join a bipartisan effort that is backed by pro-choice Senators Collins and Murkowski. That seems odd. Why wouldn’t they add those votes? The Collins and Murkowski option wouldn’t provide as fulsome protections for abortion access. But it would like get more than 50 votes rather than a vote in the high 40s. It makes the Democrats sound more interested in purity than results. So why not do that? Sen Mazie Hirono explains: since getting to 50 votes actually has no practical impact on passing the law, why not vote on a law you can enthusiastically get behind rather than a more watered down one?

That’s a pretty good logic.

But this logic illustrates the broader dead end the Democrats are walking into. These votes are often called “symbolic” votes. But that’s not an accurate description. Votes like these are test votes to frame electoral choices. You either force the opposition to make unpopular votes with the intention of campaigning on those votes in an election or — more directly — you use the votes to frame a clear electoral choice. So you tell voters, this is what is at stake in this election. Elect us and we will do this thing. As I’ve argued, in this case that means something like, give us two more Democratic senators and the House and we will codify Roe on the first day of the new Congress.

Continue reading “Only One Path on Codifying Roe”