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Aramis
Sep 22, 2009



When I reviewed one of Ben Shapiro`s books for the book review roulette thread, I made fun of him for using the exact same argument as Alito is now.

Aramis posted:

I also want to highlight No, abortion isn’t a constitutional right Where Ben makes a case that:

Ben, that's not what a metric is, Shapiro posted:

The Supreme Court’s decision in Roe v. Wade (1973) is a legal monstrosity by every available metric

Said case is made through utter gibberish:

Ben, still disbarred since last chapter, Shapiro posted:

How? The court relied on the self-contradictory notion of “substantive due process” -- the belief that a law can be ruled unconstitutional under the Fifth and 14th amendments so long as the court doesn’t like the substance of the law. That’s asinine, obviously.

At this point, I wouldn't even be surprised if we end up with Justice Shapiro in the near-ish future.

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Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
As mentioned earlier, it doesn't matter how galvanized Dems get by this because the GOP is consistently winning the war on voting rights so it doesn't matter how eager someone is to vote when it means standing in line for 8+ hours, assuming they're allowed time off from work to do so (they aren't) or that the voting machines just happen to not work right in your blue district while red districts have ample amounts of working machines and accessibility.

Liquid Communism posted:

If we're going by that measure, chattel slavery and racial segregation are both on the menu too, you realize. I'm sure Alito does, and is quite proud of himself.

Slavery was never abolished in the US, it was just shuffled to the prison system with a knowing wink and nod.

vyelkin posted:

Alito goes on to claim that abortion is distinct from those cases because it involves "potential life" and therefore a "critical moral question" not touched on by the other cases based on the unenumerated right to privacy. But the writing is on the wall when he says that allowing a broad "right to autonomy" even on "moral questions" isn't Constitutionally protected and that "none of these rights has any claim to being deeply rooted in history," implying that the 5-4 majority would be open to arguments that all of those cases predicated on the right to privacy and autonomy were also wrongly decided from the start.

Time to federally mandate all vaccinations are required and start imprisoning people who refuse and don't have a valid medical condition. Organ donation is now mandatory as are blood donations when supplies are low.


vyelkin posted:

My expectation is that the right is preemptively preparing legal challenges to blue state abortion laws to argue fetal personhood in front of the 5-4 Supreme Court.

Pretty much. It'll also be codified into law in 2025 (as well as criminal penalties for abortion, including traveling outside the US for one) when the GOP takes the White House because lmao if anyone thinks Biden or Harris is going to win or that the DNC won't sabotage anyone who mounts a primary challenge.

jetz0r
May 10, 2003

Tomorrow, our nation will sit on the throne of the world. This is not a figment of the imagination, but a fact. Tomorrow we will lead the world, Allah willing.



Crows Turn Off posted:

Republicans will be pumped they finally got a MASSIVE win like this. They will be happy, energized, and ready to take on the next thing.

It honestly blows my mind that people think this will somehow boost the resolve of Democrats.

Yeah, using power to accomplish goals motivates supporters because it proves you're not a completely worthless con artist.

Rigel
Nov 11, 2016

vyelkin posted:

This is why I don't buy arguments that this decision would be particularly galvanizing for Democrats, because it could well be equally (or more) galvanizing for Republicans who can now argue that they're halfway to the actual goal of banning abortion nationwide, and they need to continue the push to achieve one or more of three things: 1) a SCOTUS decision overturning blue-state abortion laws on the basis of fetal personhood, 2) a federal law explicitly criminalizing abortion nationwide, 3) a constitutional amendment banning abortion. I'm afraid that anyone who thinks they will stop at the borders of states with a Republican trifecta instead of mobilizing even harder to push abortion bans from coast to coast is mistaken. And even once they do that, they'll keep pushing because they have proven that their strategy of dominating the courts works to cement their reactionary agenda, so why would they stop at abortion when they could keep repealing rights forever?

The problem with your take is that the Republicans are always galvanized and almost always vote extremely reliably. There is not a significant pool of anti choice apathetic Republicans who will now vote. There are however a large pool of democratic leaning voters who are often apathetic.

The gop is a minority in this country that has already almost maxed out their voting power. Its why the conventional wisdom is always "when democrats vote, they win"

Covok
May 27, 2013

Yet where is that woman now? Tell me, in what heave does she reside? None of them. Because no God bothered to listen or care. If that is what you think it means to be a God, then you and all your teachings are welcome to do as that poor women did. And vanish from these realms forever.
https://twitter.com/akapczynski/status/1521494553877962754?s=20&t=kep1SkSr3x45bn967FNMtw

Some are saying the leak was done to ensure opinions don't sway or moderate and that the worst possible opinion does come to pass.

Kirios
Jan 26, 2010




For all she tried to do for women's rights, RBG's legacy will be her selfishness caused Roe v. Wade to be overturned. That is incredibly damning.

MrNemo
Aug 26, 2010

"I just love beeting off"

Opening Arguments' Andrew Torres had an interesting suspicion that it could even have been Ginny Thomas sharing it with some wing nut find raiser types, something that would seem to be in line with her highly unethical access to SCotUS info and general insanity. I am really looking forward to Republican commentators suddenly losing interest in how terribly this leak undermines the sanctity of the court when it turns out the call was coming from inside the house and actually this was a fairly minor procedural thing.

We'll also be able to look forward to mixed messaging and infighting on the left as people try to score decorum points about it (justifiably, this kind of stuff shouldn't be leaking) and other people attack them for not concentrating on the much bigger issue of abortion being outlawed. Which is a difficult one as it's bad that it was leaked but nowhere near as bad as the opinion itself.

Rogue AI Goddess
May 10, 2012

I enjoy the sight of humans on their knees.
That was a joke... unless..?

Devorum posted:

What's going to fall next? Casey? Obergefell? Griswold?
All those and Loving, yes.

Ogmius815
Aug 25, 2005
centrism is a hell of a drug

Whenever people say substantive due process is dumb I always point them at Buck v. Bell, because that’s where we are without substantive due process.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

Kirios posted:

For all she tried to do for women's rights, RBG's legacy will be her selfishness caused Roe v. Wade to be overturned. That is incredibly damning.

RBG deserves a legacy of being poo poo on. She was hubris in human form and she held as many lovely beliefs as progressive ones.




e: This is my surprised face.
https://twitter.com/pdmcleod/status/1521518683243352064


Reminder that when the GOP next retake the WH and Congress they're going to immediately nuke the filibuster the first time Dems use it to try and block the Fetal Personhood And Murder All Abortion Providers Act.

Evil Fluffy fucked around with this message at 17:07 on May 3, 2022

Potato Salad
Oct 23, 2014

nobody cares


Wealthy Coal Baron:

"I'M PROTECTING YOU BY NOT PROTECTING YOU, CAN'T YOU SEE THAT"

Gin_Rummy
Aug 4, 2007

Evil Fluffy posted:

Reminder that when the GOP next retake the WH and Congress they're going to immediately nuke the filibuster the first time Dems use it to try and block the Fetal Personhood And Murder All Abortion Providers Act.

Said act will also include a tax cut for billionaires.

Piell
Sep 3, 2006

Grey Worm's Ken doll-like groin throbbed with the anticipatory pleasure that only a slightly warm and moist piece of lemoncake could offer


Young Orc

Evil Fluffy posted:

RBG deserves a legacy of being poo poo on. She was hubris in human form and she held as many lovely beliefs as progressive ones.




e: This is my surprised face.
https://twitter.com/pdmcleod/status/1521518683243352064


Reminder that when the GOP next retake the WH and Congress they're going to immediately nuke the filibuster the first time Dems use it to try and block the Fetal Personhood And Murder All Abortion Providers Act.

Manchin is anti-choice so he wouldn't have voted for it anyway, Sinema was the only one that was only 90% clear which way it would go but has now said she's not gonna ditch the filibuster (along with some other bullshit about how she totally supports the right to an abortion but still refuses to do anything about it)
https://twitter.com/alizaslav/status/1521518547784114178
https://twitter.com/alizaslav/status/1521518687324413952

DandyLion
Jun 24, 2010
disrespectul Deciever

Evil Fluffy posted:

Reminder that when the GOP next retake the WH and Congress they're going to immediately nuke the filibuster the first time Dems use it to try and block the Fetal Personhood And Murder All Abortion Providers Act.

This keeps getting brought up as if its some weird kind of zero sum game. It isn't. The whole system is tailor made for impartial laws/rulings/regulations etc, they simply have to be passed as law. Republicans could (if enough power and control was consolidated) simply pass a law that only allows Republican legislators to filibuster.

Sir Tonk
Apr 18, 2006
Young Orc

Kirios posted:

For all she tried to do for women's rights, RBG's legacy will be her selfishness caused Roe v. Wade to be overturned. That is incredibly damning.

Yep

Devorum
Jul 30, 2005

Evil Fluffy posted:



Reminder that when the GOP next retake the WH and Congress they're going to immediately nuke the filibuster the first time Dems use it to try and block the Fetal Personhood And Murder All Abortion Providers Act.

Manchin will vote with them, calling the filibuster a threat to democracy.

VideoGameVet
May 14, 2005

It is by caffeine alone I set my bike in motion. It is by the juice of Java that pedaling acquires speed, the teeth acquire stains, stains become a warning. It is by caffeine alone I set my bike in motion.

Sydin posted:

Nah gently caress everybody actually. gently caress the Republicans and their theological hellscape bullshit putting these ghouls in a position of power to strip away fundamental human rights. And gently caress Democrats for swearing up and down that if given power they'd use it to protect a woman's right to choose only to completely fail to do so with the excuse of "uh well :actually: you should have voted for us harder also this is really the left's fault for failing Hillary in 2016."

And before you think I just threw in that last point, that is actually what is happening right now:

https://twitter.com/bryanbehar/status/1521296928771764227
https://twitter.com/sfpelosi/status/1521294980488204289

The whole thing is completely miserable and awful and hosed and there's apparently just not the will in the halls of power to pull out all the stops and do everything possible to push back against this.

Yeah, voting for Democrats works …well kinda

https://twitter.com/qaomene/status/1521299915699195905

Happy Noodle Boy
Jul 3, 2002



What was his priority aside from getting loving turbo-murdered in the midterms

Hobologist
May 4, 2007

We'll have one entire section labelled "for degenerates"

Happy Noodle Boy posted:

What was his priority aside from getting loving turbo-murdered in the midterms

Getting the ACA passed, firing Shirley Sherrod, and having a beer with the guy who arrested that Harvard professor.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

Hobologist posted:

Getting the ACA passed, firing Shirley Sherrod, and having a beer with the guy who arrested that Harvard professor.

That incident should've made it abundantly clear how spineless Obama would be as POTUS. Correctly called out the mistreatment of that professor only to tone it down because it hurt racists feelings. He could've doubled down on that incident as a prime example of the negative view Americans have about black people by default but that'd have required him to be a leader.

Hobologist
May 4, 2007

We'll have one entire section labelled "for degenerates"
I think Obama grew into his role admirably, but his first year in office was mostly amateur-hour bullshit. That's why I liked Hillary in 2008.

Rigel
Nov 11, 2016

Obama was pretty much done with the GOP's poo poo after the first midterms, but he never regained congress.

Kirios
Jan 26, 2010




I hope this partly lets people wake up that Obama really wasn't that good of a President. Hell you could make the case Biden has done more and he hasn't been great either!

uPen
Jan 25, 2010

Zu Rodina!
If the Democrats can't get reproductive health through congress after this I'm just done with them. Kick Manchin out of the party and let McConnell run the Senate again. If things get bad enough quickly enough perhaps by the time my kids have kids things will have started improving.

A big flaming stink
Apr 26, 2010

Rigel posted:

Obama was pretty much done with the GOP's poo poo after the first midterms, but he never regained congress.

What year did he try to do the grand bargain again?

Jaxyon
Mar 7, 2016
I’m just saying I would like to see a man beat a woman in a cage. Just to be sure.

uPen posted:

If the Democrats can't get reproductive health through congress after this I'm just done with them. Kick Manchin out of the party and let McConnell run the Senate again. If things get bad enough quickly enough perhaps by the time my kids have kids things will have started improving.

Or, and let me put this out there, things won't start improving even then.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



uPen posted:

If the Democrats can't get reproductive health through congress after this I'm just done with them. Kick Manchin out of the party and let McConnell run the Senate again. If things get bad enough quickly enough perhaps by the time my kids have kids things will have started improving.

The problem with this is there are major obstacles to passing some sort of federal abortion legislation. The feds have no power to mandate a lot of things. E.g. medicaid expansion. See also, federal highway funds & drinking age. Our system of federalism specifically limits the ability for feds to actually pass something that has authority. There really isn't a legislative interpretation issue here, so there isn't something that Congress can simply pass to clarify language.

They're stuck with trying to enumerate a federal right. To do so, they must use a power that Congress has. They likely cannot force states to accept a federal law that says "abortion rights are protected and any state law to the contrary is overruled" because there isn't exactly an enumerated power that grants them the authority over healthcare. They can certainly pass something that ties access to federal healthcare funding to abortion access, but I don't think that would survive a court challenge. This could be done through reconciliation, so no filibuster concerns are present. It's about the only way that I can sit here and think of to achieve the goal.


America will probably collapse before abortion is legal again nationwide.

Crows Turn Off
Jan 7, 2008


uPen posted:

If things get bad enough quickly enough perhaps by the time my kids have kids things will have started improving.
There is no reason to think that things getting worse more quickly will make things get better eventually.

Harold Fjord
Jan 3, 2004

Crows Turn Off posted:

There is no reason to think that things getting worse more quickly will make things get better eventually.

Destruction brings Creation. Tree of liberty. Etc.

DandyLion
Jun 24, 2010
disrespectul Deciever

uPen posted:

...If things get bad enough quickly enough perhaps by the time my kids have whomever Gilead assigns as a sponsor to father their kids, things will have started improving.

FTFY

Vox Nihili
May 28, 2008

Imagine how much the Democrats will be able to fundraise off of this. Gotta imagine that there are a lot of quiet parties being thrown at the upper echelons.

Looking forward to the most important election of our lifetime!

DandyLion
Jun 24, 2010
disrespectul Deciever

Its more frightening to think that with their victory over abortion rights which ghoulish cause will they champion next as the preeminent single issue to ensorcell those previous single issue abortion voters....

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

Rigel posted:

Obama was pretty much done with the GOP's poo poo after the first midterms, but he never regained congress.

This is the same Obama who offered to kill Social Security in 2015 and it failed because Republicans didn't think it went far enough, right? That Obama? The guy who made toothless non-statements after the Shelby County ruling in 2013 where everyone knew it was going to lead to an immediate and massive crackdown on voting rights by the GOP?

Yeah he sure showed the GOP who's boss. It's the GOP, OP.


DandyLion posted:

Its more frightening to think that with their victory over abortion rights which ghoulish cause will they champion next as the preeminent single issue to ensorcell those previous single issue abortion voters....

There's no guesswork required. Alito's draft explicitly calls out other things that should be overturned for the same reason they're overturning Roe. The opinion is stating in very clear terms "as soon as someone sends us a case about these things they're as dead as Roe v. Wade."

Vox Nihili
May 28, 2008

DandyLion posted:

Its more frightening to think that with their victory over abortion rights which ghoulish cause will they champion next as the preeminent single issue to ensorcell those previous single issue abortion voters....

No need to change course. As long as some blue states still allow abortion they can keep fighting that same good fight, keep beating that same old drum. And now they can rightfully claim they're making progress.

Rigel
Nov 11, 2016

Mr. Nice! posted:

The problem with this is there are major obstacles to passing some sort of federal abortion legislation. The feds have no power to mandate a lot of things. E.g. medicaid expansion. See also, federal highway funds & drinking age. Our system of federalism specifically limits the ability for feds to actually pass something that has authority. There really isn't a legislative interpretation issue here, so there isn't something that Congress can simply pass to clarify language.

They're stuck with trying to enumerate a federal right. To do so, they must use a power that Congress has. They likely cannot force states to accept a federal law that says "abortion rights are protected and any state law to the contrary is overruled" because there isn't exactly an enumerated power that grants them the authority over healthcare. They can certainly pass something that ties access to federal healthcare funding to abortion access, but I don't think that would survive a court challenge. This could be done through reconciliation, so no filibuster concerns are present. It's about the only way that I can sit here and think of to achieve the goal.


America will probably collapse before abortion is legal again nationwide.

In this specific case, it is not difficult for the Feds to make abortion legal nationwide (assuming you can pass a law through congress, obviously). They simply have to license and regulate it themselves, set up some kind of Federal abortion board where providers get their license.

At that point, because of interstate commerce, the states can't ban abortion. The most they can do is refuse to pay for anything out of state budgets and refuse to help the Feds in any way with regulating their national abortion scheme.

Rigel fucked around with this message at 21:00 on May 3, 2022

raminasi
Jan 25, 2005

a last drink with no ice

DandyLion posted:

Its more frightening to think that with their victory over abortion rights which ghoulish cause will they champion next as the preeminent single issue to ensorcell those previous single issue abortion voters....

They haven't achieved victory over abortion rights just by killing Roe - for "victory", they'll look for a nationwide ban with criminal penalties for leaving the country to get one. Then they'll move onto contraception, and after that, divorce, in addition to whatever non-reproductive-choice stuff they cook up.

Anti-choice people don't care about abortion as such - they care about it because reproductive autonomy undermines their vision of what family life, and human social life in general, should be like. Eliminating reproductive autonomy is the actual goal. They're surprisingly open about this if you catch them in the right mood.

raminasi
Jan 25, 2005

a last drink with no ice

Rigel posted:

In this specific case, it is not difficult for the Feds to make abortion legal nationwide. They simply have to license and regulate it themselves, set up some kind of Federal abortion board where providers get their license.

At that point, because of interstate commerce, the states can't ban abortion. The most they can do refuse to pay for anything out of state budgets and refuse to help the Feds in any way with regulating their national abortion scheme.

I think the bigger issue with federal abortion legalization is that a majority of senators don't want it to be legal. Kick the Democrats who don't want it out of the party, or don't, but either way, they're not going to vote for it.

Rigel
Nov 11, 2016

raminasi posted:

I think the bigger issue with federal abortion legalization is that a majority of senators don't want it to be legal. Kick the Democrats who don't want it out of the party, or don't, but either way, they're not going to vote for it.

I'm not saying they have the ability to do it this year, but the poster I was responding to seemed to think it wasn't legally doable even if you had enough senators to make Manchin and Sinema irrelevant.

porfiria
Dec 10, 2008

by Modern Video Games
The gop won’t outlaw divorce how rofl Newt Gingrich would commit seppuku (unless they legalize polygamy).

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Dameius
Apr 3, 2006
GOP picked up abortion because they were forced to integrate schools. We have centuries of discrimination to roll back on as red meat for the base.

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