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:

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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.

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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.

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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.

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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:

Yep, Making Roe The Law Is Doable in 2023

I wanted to do some initial scoping out of the implications of the overturning of Roe for federal politics — both the impact on elections and the chances of passing federal laws to codify Roe.

The first thing is that people will tell you that there’s no practical way a federal abortion rights bill can get passed. That is definitely wrong. Whether or not such a law happens is entirely up to the results of the 2022 midterms. And it doesn’t require heroic assumptions.