Supreme deceit: How Sam Alito snuck medieval state Christianity into the Dobbs opinion

[ck4829]

The Supreme Court's June decision in Dobbs v. Jackson Women's Health Organization, which overturned the half-century-old precedent of Roe v. Wade, occasioned worldwide rage, enough that Justice Samuel Alito — author of the majority opinion in Dobbs — mocked the outraged Prince Harry and other luminaries. Jewish advocacy groups, among others, have filed suits argued that laws restricting abortion may violate religious freedom, but ironically enough, the widespread rage may have prevented people from noticing what may be the most outrageous feature of Dobbs.

Alito's opinion sneaks in a 12th-century religious penalty for abortion — not a criminal statute — citing it in a section meant to support the history of criminal punishment, and with its ecclesiastical origins neatly excised. Those who are outraged by this are now free to mock Alito, unless they'd rather have him impeached — along with the whole Dobbs majority, perhaps — for deceiving America and violating the separation of church and state.

Page 17 of the Dobbs slip opinion, in footnote 25, cites the legal treatise "Leges Henrici Primi" (or "Laws of Henry I" ), which dates to around 1115 A.D.:

Even before Bracton's time, English law imposed punishment for the killing of a fetus. See Leges Henrici Primi 222–223 (L. Downer ed. 1972) (imposing penalty for any abortion and treating a woman who aborted a "quick" child "as if she were a murderess" ).

Legal historian Leslie John Downer's translation of the original 12th-century Latin text, however, reads, " (I)f she does this (intentionally destroys her embryo) after it is quick [animate], she shall do penance for seven years as if she were a murderess." Alito carefully clipped out the words "she shall do penance for seven years" from the quotation, between "quick" and "as."

Why hide those words? Unless he was sleepwalking, Alito understood perfectly well that he was committing a gross material omission, obscuring the fact that the "penalty" in this medieval text was merely religious and penitential, not civil or criminal. Religious "crimes" are not crimes at all, by our modern legal standards. (The Leges Henrici, at pages 222-223, mentions paying "wergeld" and "manbot," or reparations, including compensation for loss of a pregnancy, if a pregnant woman is slain by any means. But that's not "punishment for abortion," which is merely penance in the Leges.)

https://www.salon.com/2022/10/13/deceit-how-sam-alito-snuck-medieval-state-christianity-into-the-dobbs-opinion/

[The Unmitigated Gall]

1. Yep. Sammy the Douche.

[leftyladyfrommo]

2. He's a religious nutcase. Half of those judges are

totally incompetent and have no business on any court.

[Solly Mack]

3. K&R

[nuxvomica]

4. Deceit is the signature hallmark of the corrupt

One thing that helps build confidence in my own positions is the deceit from the other side. If you have to lie to argue your position, there's something wrong with that position. When Alito chose to cherry-pick pre-Enlightenment sources to support his opinion, he actually conceded that there was really no compelling Constitutional basis for it. Had he found one, he wouldn't have needed to look for justification elsewhere.

[c-rational]

8. +1

[brush]

5. So Alito drug us back even further than we thought.

We already knew of his 17th century mindset, but that wasn't enough for him. He researched even more archaic sources to sneakily insert some 12th century, biblical BS into the 21st century Dobbs decision which we are now stuck with.

This SCOTUS ruling is a disgrace but it won't come close to lasting the 50 years of Roe which it overturned. Dems are determined to codify abortion rights, and it will happen.

[chriscan64]

22. The 17th century is too close to the Enlightenment.

He is part of the Counter-Enlightenment.

[4Q2u2]

6. Doesn't Matter

If he edited for his benefit or not.
What the hell are we 1. Using English Law for our Court Cases. 2. Using something from the 1100's. That is the real problem.

[gratuitous]

7. This becomes the basis for a future court to overturn Dobbs

Certainly won't happen anytime soon, but the seeds of destruction for Dobbs are right there.

[Racygrandma]

9. I saw the key phrase "after it is quick"

Meaning after is starts to kick and such. I think back then they called it "quickening".

[True Blue American]

12. You are right, they did.

Reading book after book of Old England!

[c-rational]

10. And what I do not understand is how six individuals can upend the society we live in and cause

harm to individuals without ever being elected. How truly disingenuous these six supposed justices were in their confirmation hearings.

[JHB]

11. Because those six had a lot of help getting them into the positions to do it.

The Federalist Society and its funders, the whole Conservative Movement, the Republican Party, Republican-controlled Senates, etc.

A lot more than six people.

[Hotler]

13. It's not really about abortion, it's about forcing their view of Christianity down our throats.

They are our Taliban. I'm a spiritual person, but these fuckers are nuts. Think Dominionism

dominionism
də-mĭn?yə-nĭz?əm
noun

The theory or doctrine that Christians have a divine mandate to assume positions of power and influence over all aspects of society and government.The belief that God gave humans the right to exercise control over the natural world.A tendency among some conservative Christians, especially in the USA, to seek influence or control over secular civil government through political action.

The American Heritage® Dictionary of the English Language, 5th Edition.

[DENVERPOPS]

18. Nice Hotler! Thx NC

[calimary]

19. Just another way to make the claim that they have God on THEIR side.

[Pepsidog]

14. Just a complete an utter outrage Dobbs is and their "race neutral" fiction regarding the 14th amend

is another outrage when viewed in historical context. But here's the problem, to even understand and accept what the conservative's mean by "race neutral" takes a certain level of depravity because it is so contorted deom the historical record just like Dobbs. KJB did a great job explaining why the 14th amend was passed putting in context with historical events at the time it was passed. Compare KJB's plain, sensible, and logical explanation for the passage of the 14th to the conservative "race neutral" interpretation and it simply boggles the mind that they can advance this idea with a straight face.

SCOTUS has gone rogue and if Dems ever have the numbers in the House and Senate then impeachment of all 6 justices is warranted. Let them stand trial in the Senate and try to convince regular Americans that they have obeyed their oaths as impartial interpreters of the Constitution who haven't put politics and religion over the meaning of the Constitution. Now they hide behind legal theories that the vast majority of Americans do not understand. Confront them in open Court under cross-examination to justify their twisted beliefs in view of the historical record and show just how political and corrupt they are.

[samsingh]

15. the supreme court seems to be full of criminals

[Hekate]

16. How about going even further back? May the Furies pursue him.....

Why hide those words? Unless he was sleepwalking, Alito understood perfectly well that he was committing a gross material omission, obscuring the fact that the "penalty" in this medieval text was merely religious and penitential, not civil or criminal. Religious "crimes" are not crimes at all, by our modern legal standards. (The Leges Henrici, at pages 222-223, mentions paying "wergeld" and "manbot," or reparations, including compensation for loss of a pregnancy, if a pregnant woman is slain by any means. But that's not "punishment for abortion," which is merely penance in the Leges.)

[Farmer-Rick]

17. To misquote Biden

The Supreme Court has turned into an Evangelical Christian advocacy group.

[burrowowl]

20. And will soon make Christo-fascism the state religion

[Martin Eden]

21. So then, Alito's ruling was not only wrong, but deliberately dishonest

Which makes him a 21st century "conservative" selectively citing a 12th century text to support his foregone ideological conclusion.

[Farmer-Rick]

23. Yup, this is what passes

For law and justice in the US.

[Warpy]

24. Inquisitor Alito didn't sneak anything in there, it was IN OUR FACES

that he based his opinion on Mediaeval religious screed rather than the US constitution and the rule of law.

Tje USSC needs reforms, like term limits so religious shitbags and pro slavery assholes can't poison the court for decades. There has to be a mechanism to remove men like Alito who violate their oaths to uphold the constitution. And there has to be a penalty for the ones who perjure themselves before the Senate in order to get the job.

And Alito has the sheer effrontery to whine about the court's loss of prestige. Had he been more concerned with the law and less concerned with climbing to heaven over the corpses of women, perhaps that prestige would be intact.

[librechik]

25. abortion lawyers take note and start pointing this out in every hearing

[Hermit-The-Prog]

26. Mockalito and the rest of the Subversive 6 are unfit to serve on the Supreme Court.

We need to end the Extreme Court and restore a Supreme Court. Courts depend on the citizenry respecting their rulings. That respect is gone and endangers the nation.

Roe, Roe, Roe your vote
against theocracy!
Republicans revoke your rights
and kill democracy!

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https://www.democraticunderground.com/100217206774

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