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Vox Nihili
May 28, 2008

Hieronymous Alloy posted:

"burning down the house" != "huge victory"

If you don't understand how clerks and appellate courts deliberate internally or how seriously courts and lawyers take confidentiality, then no, you wouldn't realize how this is "burning down the house."

There's literally never been a leak of a draft Supreme Court opinion before now. Whoever leaked it probably violated not just Court rules, but actual laws around attorney confidentiality. Because it happened in such a highly politicized case, this tells the Republicans on the Court that they can't trust their own clerks, they can't trust the legal mechanisms they've sheltered behind their entire careers. It tells them there are likely to be political consequences for their actions and they aren't going to be able to just shelter behind their fancy robes.

It's not a "victory" at all and I don't think anyone is claiming it is. It's just a destruction of norms and standards around the Court, which means less shelter for Republican politicization and greater general public realization that the Court is a political sham and not the extra-political neutral arbiter of justice it pretends to be. Those are good things but they're just a start. A necessary start on the road to passing the laws that would actually reform the Court, but just a start. You start a war by throwing bombs and this is just the first toss.

Whoever leaked the draft is a goddamn hero and the more rules they violated to do so, the braver they were to put their personal well-being at risk to highlight this shameless depravity.

If this erodes trust in SCOTUS, all the better. That trust is misplaced.

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Vox Nihili
May 28, 2008


Sounds like he agrees that Roe should be overruled but is too much of a loving coward to sign off on doing it all at once.

vyelkin posted:

Roberts quickly leaking that he only supports salami slicing away women's rights instead of throwing them off a cliff, to try and salvage his own reputation, because he is a coward.

Yeah you beat me too it

Vox Nihili
May 28, 2008

azflyboy posted:

Roberts wanted a decision that said "States can restrict abortion to the fifth Friday in February during a leap year" but didn't explicitly overturn Roe, but the other four conservatives don't understand the concept of "the quiet part", so they're going full theocracy as fast as possible.

If I shared their ideological views I would support it. Power left unexercised is wasted.

The only people who still believe in restraint have a (D) next to their name and are well paid by their corporate sponsors for their decades of extremely decorous inaction.

Vox Nihili
May 28, 2008

If culture conservatives notch enough enormous, unprecedented, society redefining wins they may eventually tire themselves out. Just something to chew on.

Vox Nihili
May 28, 2008

Sydin posted:

Yeah just peaking at this map Florida, Virginia, Montana, Wyoming, Missouri, potentially Wisconsin and Iowa could all quickly see full bans on abortion sweep into place as well.

loving lmao that Roe is going to die while the Democrats are in power and Nancy Pelosi is on record that being pro-choice shouldn't be a litmus test for Democratic politicians. Just an absolutely worthless loving party. Republicans are throwing women to the loving wolves and the best the "good guys" can do is wring their hands, tweet, and tell everybody to vote. loving pathetic.

Give it a few months and New Hampshire, Minnesota, and Maine will be on that list as well
A few years after you can add Pennsylvania and then Illinois.

Vox Nihili
May 28, 2008

RoboChrist 9000 posted:

Yeah. It's not like there's anything the Democrats could have done in this scenario. And even if they could, it's not like passively allowing someone to do something you can try to prevent makes you culpable in any sense.

The Democrats could pass a law to make Roe v Wade the statutory rule nationwide on any given day, as has been the case for years. You can ask your least favorite Democrats why they aren't doing this! I know I have! The answers may shock you!

Vox Nihili
May 28, 2008

Cease to Hope posted:

you are replying to a sarcastic post by someone who agrees with you fyi

I probably should have just replied directly to the guy he was replying to but I am still shying away from direct confrontation for whatever reason. It's a flaw of mine.

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!

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.

Vox Nihili
May 28, 2008

golden bubble posted:

https://twitter.com/SCOTUSblog/status/1521344951317110785


https://twitter.com/Johnson_DavidW/status/1521315732725792770


I'm starting to hear things about how this might be a right wing leak meant to pressure one of the conservative Justices to go full Alito, instead of repealing Roe in a still ghoulish but slightly less blatant way.

The conservative clerk leak theory feels like 12-dimensional chess bullshit. Leaking a draft decision for a landmark case introduces political and interpersonal chaos at the 11th hour. If the leak were traced to that clerk the other conservative justices are going to be PISSED and it could break down their relationship to the point that future decisions fall apart. I think if you're a clerk considering a leak you would be smart enough to take those things into consideration. Even a theoretical lite version of the Alito draft is still a big win, are you going to risk wrecking the inner workers of what is now a powerful vehicle for your ideology (the 6-3 SCOTUS) and your own career to try to strong-arm justice #5 into signing off on this specific draft? I don't think so.

Vox Nihili
May 28, 2008

Nevermind, found an article.

Vox Nihili
May 28, 2008

Starting to think it may be time for an entirely new Constitution altogether!

Vox Nihili
May 28, 2008

Oracle posted:

Not while the traitor party holds the majority of state governments, nope.

Oh it's an absolute political impossibility, even just among Democrats. But then, so is any scintilla of progress of any sort in the next decade.

One can dream.

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Vox Nihili
May 28, 2008

Shooting Blanks posted:

This. The fact that the US Constitution is nearly 250 years old without major revision is actually working against our progression as a society.

Grip it and rip it posted:

Actually the real impediment to progress as a society is that Americans are absolutely horrible and actively support regressive policies and politicians.

It's both. And there is a 0% chance either of these problems are resolved in our lifetimes. Pretty solid chance they get much worse.

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