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mimiterranova

Supreme Court to Hear Abortion Case Challenging Roe v. Wade - The New York Times - 0 views

  • The case, arising from a Mississippi law that bans most abortions after 15 weeks, could undermine the constitutional right established in Roe v. Wade.
  • “Alarm bells are ringing loudly about the threat to reproductive rights,” Nancy Northup, the president of the Center for Reproductive Rights, said in a statement. “The Supreme Court just agreed to review an abortion ban that unquestionably violates nearly 50 years of Supreme Court precedent and is a test case to overturn Roe v. Wade.”
  • The Supreme Court’s next term now includes two blockbusters: the abortion case and one on whether the Second Amendment protects a constitutional right to carry guns outside the home.
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  • “This is not a case simply on regulations of the procedure or the places where it is performed,” he said in a statement. “This goes right to the matter of prohibitions on abortion, or, as we would say, protections of the baby.”
lilyrashkind

Supreme Court Roe v. Wade leak investigation heats up as clerks are asked for phone rec... - 0 views

  • (CNN)Supreme Court officials are escalating their search for the source of the leaked draft opinion that would overturn Roe v. Wade, taking steps to require law clerks to provide cell phone records and sign affidavits, three sources with knowledge of the efforts have told CNN.Some clerks are apparently so alarmed over the moves, particularly the sudden requests for private cell data, that they have begun exploring whether to hire outside counsel.
  • Lawyers outside the court who have become aware of the new inquiries related to cell phone details warn of potential intrusiveness on clerks' personal activities, irrespective of any disclosure to the news media, and say they may feel the need to obtain independent counsel.
  • Sources familiar with efforts underway say the exact language of the affidavits or the intended scope of that cell phone search -- content or time period covered -- is not yet clear. The Supreme Court did not respond to a CNN request on Monday for comment related to the phone searches and affidavits.The young lawyers selected to be law clerks each year are regarded as the elite of the elite. (Each justice typically hires four.) They are overwhelmingly graduates of Ivy League law schools and have had prior clerkships with prominent US appellate court judges.
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  • Curley, a lawyer and former Army colonel, oversees the police officers at the building. She is best known to the public as the person who chants, "Oyez! Oyez! Oyez!" at the beginning of the justices' oral argument sessions. The marshal's office would not normally examine the details of cell phone data or engage in a broad-scale investigation of personnel.The investigation comes at the busiest time in the court's annual term, when relations among the justices are already taut. Assisted by their law clerks, the justices are pressing toward late June deadlines, trying to resolve differences in the toughest cases, all with new pressures and public scrutiny.
  • The draft opinion in the case of Dobbs v. Jackson Women's Health Organization was written by Justice Samuel Alito and appeared to have a five-justice majority to completely reverse the 1973 Roe v. Wade decision. That landmark ruling made abortion legal nationwide and buttressed other privacy interests not expressly stated in the Constitution. Some law professors have warned that if Roe is reversed, the Supreme Court's 2015 decision declaring a constitutional right to same-sex marriage could be in jeopardy.
  • As the justices continue their secret negotiations, the scrutiny of the law clerks is heating up.The clerks have been the subject of much of the outside speculation over who might have disclosed the draft, but they are not the only insiders who had access. Alito's opinion, labeled a first draft and dated February 10, would have been circulated to the nine justices, their clerks, and key staffers within each justice's chambers and select administrative offices.
  • Cell phones, of course, hold an enormous amount of information, related to personal interactions, involving all manner of content, texts and images, as well as apps used. It is uncertain whether details linked only to calls would be sought or whether a broader retrieval would occur.
  • Court officials are secretive even in normal times. No progress reports related to the leak investigation have been made public, and it is not clear whether any report from the probe will ever be released.
Brian Zittlau

Roe V. Wade Turns 41 Next Week | News | Philadelphia Magazine - 0 views

  • In the first decades since Wade, the typical abortion patient was young and white; according to The American Prospect, “the typical abortion patient these days is a 20-something single mother of color.” The reasons for this are largely driven by greater socioeconomic barriers to contraception, and therefore, to abortion as well. “Women in the middle class continued to see unplanned pregnancies decline” in the 1990s when things began to change, according to The American Prospect.
  • Roe v. Wade decision was a landmark occasion for reproductive rights advocates and for women (though, as I noted above, women are not the only people affected.) Abortion, like birth control, is an issue that is framed as a “women’s rights issue,” when in reality, it affects women and their partners. Of course, a woman’s right to have autonomy over her body is at the heart of the debate on the pro-choice side, but intelligent conversations about sexual health and reproductive rights should be include men’s voices as well. By framing these discussions as “women’s issues,” it becomes a niche, special-interest concern, making the general public dismissive of the issues at hand at the expense of people who are most affected.
  • Both sides of the debate can agree that abortion is a divisive issue. It’s both personal and widespread in its nature — a basic question of how much ownership women have over their bodies, and what responsibility, if any, the government bears for the unborn — something that’s not so “one size fits all.” I’d say if you don’t believe in abortions, don’t have one; but the very option is universally unacceptable to some. As an all-or-nothing proposition, it’s impossible to find common ground.
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  • Through careful strategy from anti-abortionist groups, “abortion” and “Planned Parenthood” have a close word association. Because of this, people often forget that the non-profit organization, now over 100 years old, does more than just terminate pregnancies.
lmunch

Opinion: Arkansas abortion ban isn't a law. It's a message - CNN - 0 views

  • This week, Arkansas passed one of the nation's most sweeping abortion bans to date, criminalizing any procedure unless a patient's life is at risk. But the sweep of Arkansas's proposal, which very consciously includes a ban for cases of rape and incest, isn't the only thing that stands out. Quite simply, Arkansas's latest abortion ban isn't just a law. It's a letter to the Supreme Court's conservative six -justice majority -- and a preview of the case against Roe v. Wade.
  • And the state says that Roe sanctioned the equivalent of Jim Crow segregation by withdrawing "legal protection" for fetal life. Arkansas would certainly know something about segregation. The state long enforced strict segregation laws and was home to one of the most gruesome race-based massacres of the Jim Crow era.
  • Antiabortion think tanks have published studies arguing that abortion increases the risk of everything from post-traumatic stress to depression, infertility and cancer. Antiabortion groups insist that access to abortion doesn't help women achieve equal citizenship; it makes them sick.
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  • The irony is that abortion foes have seen this movie before. More than anyone, those in the antiabortion movement should know that obsessing over the Supreme Court can get you only so far. After all, way back in 1973, Justice Harry Blackmun issued a decision he firmly believed would end conflicts about abortion. That decision was called Roe v. Wade.
martinelligi

Opinion | The Supreme Court must undo the harms that flowed from its 'Roe v. Wade' over... - 0 views

  • The landmark Roe v. Wade Supreme Court decision establishing the right to abortion arrived in January 1973. It happened during a month of milestones in a long season of American convulsions. Former president Lyndon B. Johnson died the same day Roe was handed down, two days after Richard M. Nixon was sworn in as president for a second term, and a day before Nixon would announce the Paris Peace Accords ending the Vietnam War — or so the country believed.
  • Now, nearly half a century later, the Supreme Court has agreed to take up a case that could finally undo Roe’s vast expansion of the judiciary’s power. But such hopes have been disappointed in the past.
  • Now perhaps the court will finally come to grips with the consequences of that unconstitutional ambition to be the “decider in chief” of all divisive issues. In deciding to hear a case next fall involving a Mississippi law that bans most abortions after 15 weeks of pregnancy (Roe drew the line at six months), the court will, in effect, weigh the right of states to establish their own abortion laws without regard for Roe and Casey.
aleija

Supreme Court to Hear Abortion Case Challenging Roe v. Wade - The New York Times - 0 views

  • The Supreme Court on Monday said it would hear a case from Mississippi that could undermine Roe v. Wade, the 1973 decision that established a constitutional right to abortion.
  • The new case, concerning a state law that seeks to ban abortions after 15 weeks of pregnancy, will give the court’s new 6-to-3 majority its first opportunity to address the subject, and supporters of abortion rights reacted to the development with dismay.
  • The Supreme Court just agreed to review an abortion ban that unquestionably violates nearly 50 years of Supreme Court precedent and is a test case to overturn Roe v. Wade.
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  • I remain committed to advocating for women and defending Mississippi’s legal right to protect the unborn.
  • Last summer, the Supreme Court struck down a restrictive Louisiana abortion law by a 5-to-4 margin, with Chief Justice John G. Roberts Jr. providing the decisive vote. His concurring opinion, which expressed respect for precedent but proposed a relatively relaxed standard for evaluating abortion restrictions, signaled an incremental approach to cutting back on abortion rights.
  • The court’s decision to hear the Mississippi case, after considering it more than a dozen times at the justices’ private conferences, is an indication of sharp divisions among the court’s conservatives about how boldly to address the constitutional status of abortion rights.
  • Since the retirement in 2018 of Justice Anthony M. Kennedy, state legislatures have enacted scores of abortion restrictions and bans in the hope that personnel changes at the court will spur it to reconsider its abortion jurisprudence.
  • Lower courts said the law was plainly unconstitutional under Roe, which forbids states from banning abortions before fetal viability — the point at which fetuses can sustain life outside the womb, or around 23 or 24 weeks.
  • Mississippi’s sole abortion clinic sued, saying the law ran afoul of Roe and Planned Parenthood v. Casey, the 1992 decision that affirmed Roe’s core holding.
  • The precise question the justices agreed to decide was “whether all pre-viability prohibitions on elective abortions are unconstitutional.”
clairemann

Supreme Court to decide if states can ignore constitution | The Sacramento Bee - 0 views

  • The Supreme Court will hear oral arguments Monday in two cases challenging a Texas law that prohibits abortions after the sixth week of pregnancy. The stakes in these cases are great not only for the future of Roe v. Wade but also for the ability of states to violate the U.S. Constitution.
  • The result has been widespread closures of abortion clinics in Texas, even though women in the U.S. have a constitutional right to abortion.
  • Texas argues that the only way to challenge the law would be for a doctor to violate it and argue, as a defense, that the law is unconstitutional. In light of the uncertain fate of Roe v. Wade, doctors in Texas understandably don’t want to risk civil liability by violating the law.
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  • The court has repeatedly said people don’t need to violate a law in order to challenge its constitutionality.
  • If no one can bring a suit challenging a state law authorizing civil suits, then states can adopt laws creating liability for the exercise of any constitutional right. As a consequence, states could, for example, adopt a law authorizing suits against those performing same-sex weddings, even though there’s a constitutional right to marriage equality.
  • Therefore, the issue of whether to overrule Roe v. Wade is not directly before the court on Monday. The two cases to be argued that day are both about who, if anyone, can challenge a state law that authorizes civil suits for exercising a constitutional right.
  • The two cases to be heard by the court on Monday thus raise the question of whether a state can adopt an unconstitutional law and immunize it from being enjoined by any court.
  • It’s hard to overstate the significance of what will be argued next week, which is ultimately about whether a state can flout the Constitution. If no one can sue to enjoin an unconstitutional law, what is left of the supremacy of the Constitution and the rule of law?
clairemann

SB 8, Texas's anti-abortion law, is back at the Supreme Court. Here's what's different ... - 0 views

  • On October 14, the conservative United States Court of Appeals for the Fifth Circuit formally blocked a trial court’s decision halting SB 8, a Texas law banning most abortions in that state.
  • But there are some important legal distinctions between the current challenge to SB 8, known as United States v. Texas, and the Court’s previous order in Whole Woman’s Health v. Jackson allowing SB 8 to take effect. Specifically, the Justice Department argues in its request for relief that the United States is allowed to sue Texas directly, even if private parties may not.
  • The Texas law was specifically drafted to evade judicial review.
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  • But SB 8, written to sidestep that kind of legal challenge, explicitly forbids any “officer or employee of a state or local governmental entity” in Texas from enforcing it. The idea is that, if no state official can enforce the law, abortion rights plaintiffs have no one to sue.
  • This scheme, as Chief Justice John Roberts noted in his dissenting opinion in Whole Woman’s Health, “is not only unusual, but unprecedented.” As Justice Sonia Sotomayor wrote in her dissent, the law is “engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny.”
  • The new challenge from the DOJ argues that, at least in an unusual case such as this one, the United States should be allowed to sue the state of Texas — and that it should be able to do so specifically because no one else can. As Judge Robert Pitman, who briefly blocked SB 8 before his decision was stayed by the Fifth Circuit, summarized the DOJ’s argument, the United States should be allowed to step in when “(1) a state law violates the constitution, (2) that state action has a widespread effect, and (3) the state law is designed to preclude review by the very people whose rights are violated.”
  • The second and more difficult question is why the federal government should be the plaintiff of last resort. DOJ rests the lion’s share of its argument on In re Debs (1895), a Gilded Age decision giving federal courts extraordinary authority to halt union activities that disrupt interstate commerce (Debs arose out of a massive railroad strike that threw shipping in the Midwest into disarray).
  • Ordinarily, if a state law permitted private parties to sue abortion providers in state court, those providers could wait to be sued, and then argue that the law permitting them to be sued is unconstitutional during that state court proceeding. But SB 8 is designed to frustrate this normal process as well. For one thing, it contains a simply extraordinary provision stating that SB 8 defendants may not assert their “belief that the requirements of this subchapter are unconstitutional or were unconstitutional” as a defense in state court.
  • Although this Court is unlikely to protect abortion rights, there are still potent reasons why even anti-abortion justices should oppose SB 8. For one thing, if Texas can offer bounties to anti-abortion plaintiffs — and evade judicial review in the process — other, bluer states could pass copycat laws. Do the justices really want New York to pass a law permitting “any person” to collect a bounty from gun owners?
  • I don’t have any illusions that this Supreme Court will hold that doctors who perform abortions cannot be punished. But I’d hope that we could all agree that doctors who are falsely accused of violating a state law should not be punished. If due process means anything, it should mean that Dr. Smith should get her day in court before she is forced into bankruptcy.
criscimagnael

Anti-abortion advocates thrilled with possibility of overturning Roe v. Wade - 0 views

    • criscimagnael
       
      It's terrifying to think that Roe v. Wade could be overturned at any time. No matter what your opinion is, it is important to know that it is so dangerous. Women who want abortions will find a way whether or not it is legal. Keeping it legal keeps it safe for everyone.
criscimagnael

Texas Supreme Court Shuts Down Final Challenge to Abortion Law - The New York Times - 0 views

  • The Texas Supreme Court on Friday effectively shut down a federal challenge to the state’s novel and controversial ban on abortion after about six weeks of pregnancy, closing off what abortion rights advocates said was their last, narrow path to blocking the new law.
  • The Texas law, which several states are attempting to copy, puts enforcement in the hands of civilians. It offers the prospect of $10,000 rewards for successful lawsuits against anyone — from an Uber driver to a doctor — who “aids or abets” a woman who gets an abortion once fetal cardiac activity can be detected.
  • It is the most restrictive abortion law in the nation, and flies in the face of the Supreme Court’s landmark 1973 decision in Roe v. Wade, which prohibits states from banning the procedure before a fetus is viable outside the womb, which is currently about 23 weeks of pregnancy.
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  • On Friday, the justices of the Texas Supreme Court, all Republicans, said that those officials did not, in fact, have any power to enforce the law, “either directly or indirectly,” and so could not be sued.
  • “This measure, which has saved thousands of unborn babies, remains fully in effect, and the pro-abortion plaintiffs’ lawsuit against the state is essentially finished,” he wrote on Twitter.
  • The law allows no exceptions for abortion even in the case of women who have been raped or are victims of incest. It has thrown Texas abortion providers into crisis, and similar legislation is pending around the country.
  • “If conservative states want to do things that may not look constitutional even to this Supreme Court, they can use a bounty system to achieve that,” Professor Ziegler said. “The message sent by the Texas litigation was that if you have concerns that you might lose a constitutional challenge, that shouldn’t hold you back. Because you can use this road map to keep the case out of federal court entirely.”
  • “We’ve known that this lawsuit all along was just invalid and should have been dismissed, and now the fact that we’re on that trajectory now is encouraging,” Ms. Schwartz said, adding that the movement “is not going to let our foot off the gas yet.”
  • Amy Hagstrom Miller, the chief executive of Whole Woman’s Health, the clinic that sued to stop S.B. 8, said “the courts have failed us.”
  • “This ban does not change the need for abortion in Texas, it just blocks people from accessing the care they need,” she said. “The situation is becoming increasingly dire,”
  • Many women have traveled to Oklahoma for the procedure, but this week the State Senate passed its own six-week ban modeled on the Texas law. The Idaho Senate passed a similar law last week. Lawmakers in other states have proposed similar bans, but have held off in hopes that the Supreme Court decision, expected in June, will allow them to ban abortion entirely.
anonymous

New flak for Hillary Clinton as she cautiously wades into the midterms | Fox News - 0 views

  • The New York Times said yesterday that she "faces distrust on the left, where she is seen as an avatar of the Democratic establishment, and raw enmity on the right."
  • First, it's ridiculous that the former secretary of State is being criticized for not automatically backing the woman in New York's gubernatorial primary, even though Nixon is a long shot with zero political experience. Cuomo supported Clinton's presidential bid and ran HUD in her husband's administration, so of course she's backing him. Is there some rule that female politicians have to endorse every single woman who jumps into a race, unqualified or not?
  • In that address, Clinton took shots at Trump, though not by name, and said of the election in a slightly self-deprecating tone: "No, I'm not over it. I still think about the 2016 election. I still regret the mistakes I made."
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  • The Times piece says that Hillary Clinton is cautiously trying to reengage in the midterms, but that her husband has been "all but invisible" and "largely sidelined amid new scrutiny of his past misconduct with women." The #Me-Too era has caused even some liberal commentators to retroactively denounce Bill Clinton. Plus, insiders fear that he could go "wildly off message" in campaign settings.
  • Hillary Clinton has a right to speak out, of course, but she has so much baggage that much of her own party is wary of her. And the media, which always had testy relations with her, seem wedded to covering her as a figure from the past.
Javier E

Opinion | Will We Ever Figure Out How to Talk to Boys About Sex? - The New York Times - 0 views

  • they wanted to know whether it was truly possible to “hit it and quit it.
  • one high school junior explained: “Guys need to prove themselves to their guys. So to do that, you’re going to be dominating. You’re going to maybe push. Because, it’s like the girl is just there as a means for him to get off and a means for him to brag.”
  • a large majority of boys never had a single conversation with their parents about, for instance, how to be sure that your partner “wants to be — and is comfortable — having sex with you,” or about what it meant to be a “a caring and respectful sexual partner.”
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  • Most had never been told by parents not to catcall girls or use degrading terms such as “bitches” or “hoes”
  • this despite the fact that nearly 90 percent of the girls in the survey reported having been sexually harassed.
  • Dan Savage, the syndicated sex advice columnist, refers to “the four magic words” gay guys will use during a sexual encounter: What are you into?” That’s a very different perspective than that of straight boys, who usually aim for one-word assent to options they define.
  • Absent guidance from trusted adults, boys look to the media as a default sex educator, where they are bombarded by images of female sexual availability and male sexual entitlement
  • the reality is that exposure to sexual content in media consumption of any kind — TV, movies, games, social media, music videos — is associated with greater tolerance for sexual harassment, belief in rape myths and the objectification of women.
  • The promise of hot sex with a cold heart animates college (and increasingly high school) hookup culture — which is why, according to Lisa Wade, a professor of sociology at Occidental College, getting wasted beforehand is so crucial: Alcohol girds young people against the near-fanatic generational fear of the awkward while creating what Ms. Wade calls the “compulsory carelessness” necessary for a possible one-off.
  • Most of the guys I met knew that sex with an incapacitated person is assault. Yet because, in their minds, you need to be hammered in order to hook up, the trick became being (and finding someone who is) drunk enough to want to do it but sober enough to be able to express a credible “yes.” And who is to be the judge of that?
  • Alcohol has also been shown to diminish their ability to hear “no” or notice a partner’s hesitation.
  • most guys, in fact, prefer physical intimacy with someone they know, trust and with whom they feel comfortable. I found that to be true, too, though they seemed to view it as their personal quirk, not shared by their peers
dytonka

What We Should Know About Barrett's views - 0 views

  • If she is confirmed, she would move the court slightly but firmly to the right, making compromise less likely and putting at risk the right to abortion established in Roe v. Wade.
  • One area in which almost no one expects surprises is abortion. Mr. Trump has vowed to appoint justices ready to overrule Roe v. Wade, the 1973 decision that established a constitutional right to abortion.
  • “None of the court’s abortion decisions holds that states are powerless to prevent abortions designed to choose the sex, race and other attributes of children,” the dissent said. It added that the fetal remains law was entirely rational.
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    Amy Coney Barrett's controversial views
aleija

Opinion | Er, Can I Ask a Few Questions About Abortion? - The New York Times - 0 views

  • You know who really reduced abortion numbers in the U.S.? President Obama, with the Affordable Care Act.
  • Millions of American Christians are likely to vote for President Trump on Tuesday because they believe it a religious obligation to support a president who will appoint “pro-life” judges.
  • The National Association of Evangelicals and the Southern Baptist Convention both backed a limited right to abortion in the early 1970s, and an article in The Baptist Press welcomed the ruling in Roe v. Wade for advancing “religious liberty, human equality and justice.” A 1970 poll found that about two-thirds of Southern Baptist pastors supported allowing abortion in cases such as rape, deformity or a risk to the mother’s physical or mental well-being.
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  • What mattered to “pro-life” Republicans — more than respect for norms or institutions — was getting justices confirmed who might overturn Roe v. Wade. And many support Trump, despite reservations about him, because their be-all issue is the unborn.
  • The biblical passage most relevant to abortion is perhaps Exodus 21:22: “When people who are fighting injure a pregnant woman so that there is a miscarriage, and yet no further harm follows, the one responsible shall be fined.”
  • Abortion was legal in the United States up to the point of quickening (the fetal movements felt in the second trimester) until the 19th century, when states began to ban abortion.
  • So as Justice Barrett takes the court, I’m hoping that the rethinking among conservative Christians gains ground.
hannahcarter11

Sen. Jason Rapert files bill to end abortion in Arkansas | KATV - 0 views

  • Republican Senator Jason Rapert and Rep. Mary Bentley filed a bill on Wednesday that would make abortion illegal in Arkansas except when the mother’s life is at stake.
  • If passed, the bill will generally prohibit abortion in Arkansas and give the U.S. Supreme Court an opportunity to overturn Roe v. Wade, Doe v. Bolton, Planned Parenthood v. Casey, and other pro-abortion decisions.
  • A conservative education and research organization, Family Council, showed support for the bill.
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  • This is an opportunity for Arkansas to be a real leader in the effort to end abortion in America.”
  • public opinion polling shows Arkansans oppose abortion and that the organization will work to mobilize Arkansans to support S.B. 6.
  • He referred to the decision as a "crime against humanity."
clairemann

The Mississippi abortion case threatens birth control and sexual rights. - 0 views

  • The constitutional right to abortion is under concerted attack by a deeply conservative Supreme Court. Last month, the Supreme Court permitted Texas’ ban on abortion at six weeks to go into effect in a one-paragraph ruling decided without full briefing and oral argument,
  • On Dec. 1, the court will consider the constitutionality of Mississippi’s ban on abortion after 15 weeks of pregnancy in Dobbs v. Jackson Women’s Health Organization. In Dobbs, Mississippi is urging the Supreme Court to overrule Roe v. Wade and take away from millions of Americans the fundamental right to control their bodies, choose whether and when to start a family, determine their life course, and participate as equals in American life.
  • the text and history of the 14th Amendment provide no support for the idea that the courts should look to state practice in 1868 to define the scope of the amendment’s protections.
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  • the right to abortion cannot be a constitutional right because states restricted abortion in 1868 at the time of the ratification of the 14th Amendment. Mississippi argues that the public in 1868 would have understood the 14th Amendment to permit state restrictions on abortion to continue.
  • This is not a new argument—it formed the basis of then-Justice William Rehnquist’s dissent in Roe and was made repeatedly by Justice Antonin Scalia over the course of his career on the bench, including in his dissent in Casey
  • Chief Justice John Roberts recognized in his confirmation testimony, it is “completely circular,” using state practice to interpret the constraints the 14th Amendment was written to impose on the states.
  • destabilize a central part of the court’s jurisprudence protecting fundamental constitutional rights. As a result, Dobbs also threatens the fundamental rights to use birth control, marry a loved one, and make decisions about sexual intimacy.
  • For good reason, state practice in 1868 has never been a measure of what fundamental, personal rights are guaranteed against state infringement by the 14th Amendment. This is illustrated not only by Roe and Casey—which explicitly rejected the idea that the state practice in 1868 fixes the fundamental rights for all future generations—but also by many other landmark Supreme Court rulings vindicating the 14th Amendment’s promise of liberty for all.
  • In 1965, in Griswold v. Connecticut, the Supreme Court struck down a restriction on the use of birth control dating back to 1879, holding that it infringed on the right of a married couple to choose whether to start a family and bear children.
  • In 2003, in Lawrence v. Texas, the Supreme Court held that the 14th Amendment protected a right to sexual intimacy by LGBTQ adults, despite a very long history of laws that prohibited same-sex intimacy and sexual conduct. In Obergefell v. Hodges in 2015, the Supreme Court held that the 14th Amendment guaranteed the right to marry a loved one of the same sex, even though marriage had historically been limited to a union of a man and a woman. Both decisions drew on Loving to safeguard bedrock rights to love, marry, and form a family, ensuring equal dignity to LGBTQ persons.
  • If the fundamental rights protected by the 14th Amendment are determined by looking to state practice in 1868—as Mississippi and its allies urge—Loving’s holding protecting the right to marry as a fundamental right would be in doubt, as would many other landmark precedents, including Lawrence and Obergefell.
  • It explicitly rejects Loving’s reasoning, arguing that the Supreme Court was wrong to recognize a fundamental right to marry in that case. It claims that Lawrence and Obergefell are “lawless” rulings and urges the Supreme Court in Dobbs to leave “those decisions hanging by a thread.”
clairemann

Gorsuch didn't mask despite Sotomayor's COVID worries, leading her to telework : NPR - 0 views

  • All were now wearing masks. All, that is, except Justice Neil Gorsuch. What's more, Justice Sonia Sotomayor was not there at all, choosing instead to participate through a microphone setup in her chambers.
  • She has been the only justice to wear a mask on the bench since last fall when, amid a marked decline in COVID-19 cases
  • They all did. Except Gorsuch, who, as it happens, sits next to Sotomayor on the bench. His continued refusal since then has also meant that Sotomayor has not attended the justices' weekly conference in person, joining instead by telephone.
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  • Gorsuch, from the beginning of his tenure, has proved a prickly justice, not exactly beloved even by his conservative soulmates on the court.
  • "somebody who takes pleasure tearing the wings off flies," he said, provoking loud snickers on the bench.
  • something out of the ordinary is happening.
  • Noting that 15 justices over 50 years have reaffirmed the basic framework of Roe, and only four have dissented, she asked this pointed question: "Will this institution survive the stench that this [turnaround] creates in the public perception that the Constitution and its reading are just political acts?"
  • They often agree on the outcome of a case but not the legal reasoning, with Chief Justice Roberts sometimes trying to rein in the court's most aggressive conservatives.
  • the court in the 1940s, when the justices detested each other so much they were known as "nine scorpions in a bottle." We are not scorpions, Kagan and Sotomayor said.
  • "The only way we get people to do what we say that they should do is because people respect us and respect out fairness,"
  • At the same time, many of the conservatives are vying for the position of intellectual leader of the conservative majority, while the chief justice privately worries about going too far too fast.
  • Many of the justices on the court in the 1940s were very famous; they were household names; they were from very different professional backgrounds, both political and legal. In contrast, the justices today have had very similar careers; they were and are largely unknown to the public as individuals. And while they initially got on reasonably well, says Feldman, two things are happening to change that.
  • historic opportunity to reverse some liberal decisions that their whole movement grew out of hating, with Roe v. Wade the most famous."
  • you're seeing fissures in the conservative legal movement based on its success."
  • "fainthearted originalist" and "what he meant by that was that he was an originalist, but not if it meant overturning some of the things that have existed for a long time, like the administrative state."
  • They are "come-what-may originalists," says Feldman, "while others are more moderate and reasonable in their exercise of originalism."
  • Conservatives are united on hot-button issues
  • "The conservatives are playing with fire."
  • "as it looks like it probably will, it will be doing something the Supreme Court has never done ... in its history, and that is, reverse a fundamental right that ordinary people have enjoyed for 50 years, and say, 'Whoops, ... you never really had this right at all." The court, he maintains, "has never turned back the clock of liberty in that way before."
  • "I don't think it will happen through the drip, drip drip," he says. "I think it will happen through the tsunami. But I also think that overturning Roe v. Wade ... could well turn out to be the beginning of that tsunami."
kennyn-77

Listen live: Supreme Court considers whether to reverse Roe v. Wade : NPR - 0 views

  • Until now, all the court's abortion decisions have upheld Roe's central framework — that women have a constitutional right to an abortion in the first two trimesters of pregnancy when a fetus is unable to survive outside the womb, until roughly between 22 and 24 weeks.
  • In this case, Mississippi contends that Roe and Casey were egregiously wrong and undemocratic rulings. State Attorney General Lynn Fitch told the Explicitly Pro-Life podcast that abortion "needs to be given back to the states. The unelected judiciary don't need to be making those decisions for us. ... We all elect our legislators ... and then you know what? They're accountable."
  • Mississippi says it put its 15-week ban into place, in part, because abortions are more dangerous later in pregnancy. Not so, says American Medical Association President Gerald Harmon: "We know that the risk of death during or after childbirth is substantially more than the risk of death ... from an abortion," he says.
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Obama Wades Into Election Debate With Indiana Speech - The New York Times - 0 views

  • He said the “primary story that Republicans have been telling about the economy is not supported by the facts; it’s just not.” But he said that narrative was being distributed across the country by conservative news media, talk radio and Republican politicians.
  • “If you’re hearing that story all of the time, you start believing it,” Mr. Obama said. His mission, he told the crowd, was to try to counter that story as the general election campaign gets underway: “I’m here to say, Elkhart, we’ve got to challenge the assumptions behind this economic story.”
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