The Supreme Court declares war on modern America
By Jennifer Rubin
It gives me no joy to say that my prediction in April that the Supreme Court was set to launch a war on modern America on its social and legal progress over decades was accurate. In a tone more reminiscent of a MAGA rally than a high court, the majority Dobbs v. Jackson Womens Health Organization opinion overturning the right to abortion drips with disdain for womens concerns about personal autonomy and for the principle of stare decisis.
-snip-
The right-wing court wants to lock 21st-century America into the Founders world or, at the latest, the late 19th century, conveniently skipping past the parts of history that disfavor its cramped view of individual rights. Women, minorities, gay people and others once had little political, economic or social power. And so they will again, if the court gets its way.
Look carefully at the courts language hopscotching through history. Until the latter part of the 20th century, such a right [to abortion] was entirely unknown in American law, the opinion proclaims. The past 50 years when Roe v. Wade followed a line of previous cases concerning personal autonomy (privacy) dont count, it seems.
The court also leaps past the part of American history when abortion was generally legal up to quickening. (Oops, the majority gave it away: We begin with the common law, under which abortion was a crime at least after quickening i.e., the first felt movement of the fetus in the womb, which usually occurs between the 16th and 18th week of pregnancy. After quickening, even in the majoritys telling.)
https://www.washingtonpost.com/opinions/2022/06/26/supreme-court-attack-midterms/
Tumbulu
(6,267 posts)Have you seen this part of the decision?
These attempts to justify abortion through appeals to a broader right to autonomy and to define ones concept of existence prove too much. Casey, 505 U. S., at 851. Those criteria, at a high level of generality, could license funda- mental rights to illicit drug use, prostitution, and the like. See Compassion in Dying v. Washington, 85 F. 3d 1440, 1444 (CA9 1996) (OScannlain, J., dissenting from denial of rehearing en banc). None of these rights has any claim to being deeply rooted in history. Id., at 1440, 1445.
Farmer-Rick
(10,072 posts)This applies to men too. If some men think they can avoid the gun the Supremely Religious Court is aiming at the American people, they better think again. Slavery is not going to just stay in prison and on women.
If states can force women to give birth, they can force men to give up an organ to a rich man. Then it's a short jump to forced labor. That's the gun that will destroy American democracy.
YoshidaYui
(41,765 posts)Might put more people on the court? Or is that a bad idea because in the Republicans will stack the court again if they get a chance. Hell they probably will disband the supreme Court and make Trump emperor King.
Quanto Magnus
(874 posts)that he does not agree with adding more justices to the SC
Also, saying that Republicans 'might' do it in the future as a response to Biden adding justices, is.... not worth considering IMO
They have already STACKED the court through their confirmation games. If anything adding justices would be in response to the Republicans already playing games with court appointees.
And quite frankly, I could see them doing it anyway if they feel it would 'own the Libs'
YoshidaYui
(41,765 posts)that much is clear. fuck them! We will fight back in other ways, like put a ton of them on trial for shit they did during the insurrection.
cloudboy07
(351 posts)Evolve Dammit
(16,632 posts)Icanthinkformyself
(212 posts)it is the conservative politics of Rubin and the like that gave us this SCOTUS. I welcome her criticism of Republicans. But, she can keep her conservatism. It's what leads to fascism. And, we have enough of that to deal with right now. She and the other NTs, LPs and such will have my respect when they renounce conservative policies and politics. Changing ones registration to Democratic is a first step to recovery. It's like the junkie who sees the light. Now they need to take the rest of those steps.
homegirl
(1,419 posts)Right-wing insistence Friday night that the weekend would be characterized by rage as pro-choice supporters turned violent seemed designed to draw false equivalence between those who stormed the Capitol to overturn the election and those angry at the Supreme Courts refusal to recognize a constitutional right that the American people have enjoyed for half a centuryand, perhaps, to justify brutality to silence those protests. In fact, aside from sporadic violence against the protesters rather than from them, the protests were peaceful.