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EarlG

(23,672 posts)
Tue May 3, 2022, 12:53 PM May 2022

Pic Of The Moment: A Bit Of Background On Samuel Alito's Opinion That Would Overturn Roe v. Wade



In Leaked Abortion Decision, Justice Alito Relies on Jurist Who Supported Marital Rape

Hale is almost universally appreciated as an excellent judge and jurist, with his central legacy coming through his written work, published after his death. However, more recently, his execution of at least two women for witchcraft, his defense of marital rape, and his belief that capital punishment should extend to those as young as fourteen might bring this into question.

Wikipedia: Matthew Hale




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Pic Of The Moment: A Bit Of Background On Samuel Alito's Opinion That Would Overturn Roe v. Wade (Original Post) EarlG May 2022 OP
Nothing Supreme about this court or United about the states.. pwb May 2022 #1
Two words come to mind. Aussie105 May 2022 #52
Just gobsmacking. I bet that cite doesn't make it into the final opinion. SunSeeker May 2022 #2
So Alito wants to take us back to the 17th century Yo_Mama_Been_Loggin May 2022 #3
Gonna party like it's 1699! underpants May 2022 #7
So where the hell are those strict Constitutionalists? 2Gingersnaps May 2022 #23
Opus Dei. Also the doctrine of the "noble lie" if in God's service. Hekate May 2022 #29
Indeed. They pretty much ran the show in Latin America in the '70s and '80s - much to their loss peppertree May 2022 #36
Which is why I am so very fond of that "Separation of Church and State" business. 2Gingersnaps May 2022 #38
+1 peppertree May 2022 #47
Exactly! 2Gingersnaps May 2022 #53
Religious nut quoting religious nut dalton99a May 2022 #4
How UNEVOLVED Homo Sapiens are.... AZ8theist May 2022 #26
British even, I thought we had a whole war about that........1776? 2Gingersnaps May 2022 #40
Maybe Clarence Thomas' hospital stay made them hurry this piece of shit through. nt AnotherMother4Peace May 2022 #5
He's a real peach. Bet he was down with the whole "divorce by sale" thing, too. n/t TygrBright May 2022 #6
So, now we're into witchcraft? Sheesh! Why, exactly, do we care about English decisions, anyway? Frustratedlady May 2022 #8
Religion is always their fall-back position. SergeStorms May 2022 #9
I knew the GOP wanted to bring us back to the 50's. Didn't realize it was the 1650's ZonkerHarris May 2022 #10
+1 appalachiablue May 2022 #39
Some members of the SCOTUS have turned the court into a religious and politically justhanginon May 2022 #11
And I bet Hale being a puritan geardaddy May 2022 #12
+1 peppertree May 2022 #16
I lived down south till I was 12. ShazzieB May 2022 #24
Incredible. So much intolerance. peppertree May 2022 #35
You make an excellent point geardaddy May 2022 #45
Thank you. peppertree May 2022 #48
Another legal figure of Hale's generation wrote lildDemz May 2022 #20
Thanks for posting that. geardaddy May 2022 #21
He was English and lived before the Constitution as drafted. Totally irrelevant Raven123 May 2022 #13
And why is he using the words of an ENGLISH lawyer AllyCat May 2022 #14
Why didn't he go further back than the 1600's for a quote KS Toronado May 2022 #15
Seriously, these are the smartest guys in the room?? NoMoreRepugs May 2022 #17
K&R LetMyPeopleVote May 2022 #18
I'm still stunned that JustAnotherGen May 2022 #19
I can't effing believe this pos would actually quote a man who, essentially categorized 58Sunliner May 2022 #22
We don't live under the rules of the Crown. appleannie1 May 2022 #25
please put this on your twitter feed--i wanted to retweet but i'm not seeing it nt orleans May 2022 #27
The removal of a fetus that died in the womb is done to save the mother's life, Mr Alito... Hekate May 2022 #28
And this will be happening yet again: Rhiannon12866 May 2022 #32
Bookmarking Hekate May 2022 #30
"quick child" Before quickening, abortion legal in English law Nululu May 2022 #31
Wonder how much of a trial balloon this is, to see how far they Hassler May 2022 #33
Doesn't a "quick child" refer to a child just being born? Bucky May 2022 #34
"Quickening" refers to the first sensation of movement that a mother feels, ie about the end of... Hekate May 2022 #37
This message was self-deleted by its author jfz9580m May 2022 #41
Great. /nt yardwork May 2022 #42
Donnie Two-Scoops has fucked us for at least two generations. trof May 2022 #43
He is a sick $*%)$*%(* LiberalFighter May 2022 #44
So, apparently "Making America Great Again," has something to do with Sogo May 2022 #46
One step closer to bringing back trials for witchcraft. tclambert May 2022 #49
Now, hold on a second jmowreader May 2022 #50
Well spotted Hekate May 2022 #51

pwb

(12,715 posts)
1. Nothing Supreme about this court or United about the states..
Tue May 3, 2022, 12:59 PM
May 2022

Welcome to, The States Of America.

SunSeeker

(58,335 posts)
2. Just gobsmacking. I bet that cite doesn't make it into the final opinion.
Tue May 3, 2022, 01:00 PM
May 2022

Cleanup in aisle 9.

2Gingersnaps

(1,000 posts)
23. So where the hell are those strict Constitutionalists?
Tue May 3, 2022, 03:21 PM
May 2022

Sir Lord Alito is citing a 17th century English Barrister. Please Dear God don't tell these already rapey republicans Sir Hale was OK with that too.

peppertree

(23,399 posts)
36. Indeed. They pretty much ran the show in Latin America in the '70s and '80s - much to their loss
Tue May 3, 2022, 07:16 PM
May 2022

I personally know of at least one professional - very successful, closing in on the peak of his career - whose career was ruined because he refused to join Opus Dei when asked to.

And this was in California - not Latin America. So you can imagine they're capable of down there.

Even today, presidents who fall afoul of Opus Dei tend not to last in that part of the world.

2Gingersnaps

(1,000 posts)
38. Which is why I am so very fond of that "Separation of Church and State" business.
Tue May 3, 2022, 07:18 PM
May 2022

Freedom of religion or freedom from religion.

2Gingersnaps

(1,000 posts)
53. Exactly!
Wed May 4, 2022, 06:04 PM
May 2022

It's OK if you are doing it in the name of all that is good and Holy, who conveniently sees what is good and Holy the same way you do. No coincidence there what so ever.

AZ8theist

(7,452 posts)
26. How UNEVOLVED Homo Sapiens are....
Tue May 3, 2022, 04:12 PM
May 2022

Pathetic this scum bag would quote a witch burner from the 1600's....

Frustratedlady

(16,254 posts)
8. So, now we're into witchcraft? Sheesh! Why, exactly, do we care about English decisions, anyway?
Tue May 3, 2022, 01:23 PM
May 2022

Hey, Alito. Turn your attention to the United States of America. We are our own country. If you want to lean on British rule, move there. We'll even pay your passage. (Maybe we can use part of that $750K Trump was charged for cheating guests at his hotel during HIS inauguration. As far as I'm concerned, that was another freebie to TFG and his family for cheating his own guests.)

Another ruling by our legal system that doesn't make sense.

SergeStorms

(20,680 posts)
9. Religion is always their fall-back position.
Tue May 3, 2022, 01:26 PM
May 2022

Of course it's all patriarchal in nature, and religion gives them the perfect "excuse" to rein in anyone they deem "uppity".

That Aliti would use some 17th century barrister doesn't surprise me in the least. Republicans want to turn the clock back to a time when white men controlled everything and everyone, so Hale's opinion would fit their needs quite well.

Conservatism has officially "jumped the shark".
It's time for it to die the death of a thousand stupidities and take it's rightful place in the dust bin of history, along with buggy whips and using leeches to cure "the vapors".

Strike that: buggy whips actually had a purpose at one time. Conservatism did not.

justhanginon

(3,382 posts)
11. Some members of the SCOTUS have turned the court into a religious and politically
Tue May 3, 2022, 02:09 PM
May 2022

infused pig sty. Unfortunately, thanks to Senator McConnell pushing some of them through, their stench will remain for a long time to come.

geardaddy

(25,392 posts)
12. And I bet Hale being a puritan
Tue May 3, 2022, 02:10 PM
May 2022

would have had Alito and all the other Catholic justices sentenced to death. So, Sammy-boy, you want to move the country back to that time, go ahead. You'll be persona non grata both here and Engerland.

peppertree

(23,399 posts)
16. +1
Tue May 3, 2022, 02:18 PM
May 2022

It's the same problem Kennedy ran into in his day - and to a lesser extent, Biden.

Growing up in the Deep south, I attest to the fact many - if not most - southern Republicans don't even consider Catholics "Christian."

ShazzieB

(22,703 posts)
24. I lived down south till I was 12.
Tue May 3, 2022, 03:22 PM
May 2022
Growing up in the Deep south, I attest to the fact many - if not most - southern Republicans don't even consider Catholics "Christian."


I can definitely attest to this. I knew plenty of people who thought this way, including kids who were being taught to do so.

A girl in my school was even bullied for being Episcopalian, because the (very poorly informed) bully thought it was pretty much the same thing as being Catholic.

peppertree

(23,399 posts)
35. Incredible. So much intolerance.
Tue May 3, 2022, 07:10 PM
May 2022

Some of them are just as bad as those Sunni Muslims who hate Shia Muslims, and vice versa.

Personally, I believe we all go to the same place - even monsters like Hitler or Putin.

Except that to me, "Heaven" is but a vacation - and the hateful are compelled to come back as the very type of people they hated or hurt.

As you can imagine, this opinion (I dare not call it 'belief', as I'm certainly not sure) didn't make me a lot of friends in Mi'ssippi.

But that's what I like to think. They're welcome to their Heaven/Hell fixation.

geardaddy

(25,392 posts)
45. You make an excellent point
Tue May 3, 2022, 08:35 PM
May 2022

The KKK are also ant-catholic, as are the Missouri and Wisconsin Synods of the Lutheran church.

peppertree

(23,399 posts)
48. Thank you.
Tue May 3, 2022, 09:22 PM
May 2022

It is what it is.

Some people not only seem to have never learned to be tolerant - but they make it a downright sport of being intolerant.

A very dangerous little sport, if history is any guide.

lildDemz

(101 posts)
20. Another legal figure of Hale's generation wrote
Tue May 3, 2022, 02:44 PM
May 2022

"...as great a lawyer as he was, he would never suffer the strictness of the law to prevail against conscience; as great a chancellor as he was, he would make use of all the niceties and subtleties of law when it tended to support right and equity." Puritan right and equity.

geardaddy

(25,392 posts)
21. Thanks for posting that.
Tue May 3, 2022, 02:47 PM
May 2022

Of course Sammy-boy quoted this dude. He wants a white, christian nation.

AllyCat

(18,900 posts)
14. And why is he using the words of an ENGLISH lawyer
Tue May 3, 2022, 02:14 PM
May 2022

Being used in US decision. We did separate from England. There was a war and everything.

KS Toronado

(23,730 posts)
15. Why didn't he go further back than the 1600's for a quote
Tue May 3, 2022, 02:17 PM
May 2022

Why didn't he go back to what Jesus said about abortion 1,000's of times?
Spoiler alert: he never mentioned abortion. Alito a christian only in his head.

JustAnotherGen

(38,074 posts)
19. I'm still stunned that
Tue May 3, 2022, 02:43 PM
May 2022

he would leverage the opinion of a non American jurist. Like - the hell?

58Sunliner

(6,349 posts)
22. I can't effing believe this pos would actually quote a man who, essentially categorized
Tue May 3, 2022, 02:51 PM
May 2022

a quick child, who died in the womb, as a crime. What that could mean is that women who spontaneously abort, could be charged. And the misprision BS is about concealment of knowledge of a spontaneous abortion. GFC. And why the eff is that asshole quoting a misogynist killer from the 1600's.

appleannie1

(5,459 posts)
25. We don't live under the rules of the Crown.
Tue May 3, 2022, 03:26 PM
May 2022

We live under the Constitution. So he can shove his 'rules of the Crown' where the sun don't shine or he can just move to Merry England. He and the blond bimbo would get along just great.

Hekate

(100,133 posts)
28. The removal of a fetus that died in the womb is done to save the mother's life, Mr Alito...
Tue May 3, 2022, 04:56 PM
May 2022

Because, you heartless idiot, once dead it begins to rot, and if the mother’s body cannot expel it, doctors must or she will die.

Nululu

(1,116 posts)
31. "quick child" Before quickening, abortion legal in English law
Tue May 3, 2022, 05:47 PM
May 2022

Quickening in a future the time when a child kicks or 5 months or later.

This is a pseudo religious argument to end ALL privacy rights.

Hassler

(4,934 posts)
33. Wonder how much of a trial balloon this is, to see how far they
Tue May 3, 2022, 06:54 PM
May 2022

Can go THIS TIME. Wouldn't be surprised if Gorsucks, Judge Beer and Amy Grin-and-Bear-it are behind the release. Maybe old Balls and Strikes hisself

Bucky

(55,334 posts)
34. Doesn't a "quick child" refer to a child just being born?
Tue May 3, 2022, 06:55 PM
May 2022

I don't think anyone on even the furthest fringes of the pro-choice movement disputes that you shouldn't commit an abortion after the mother has gone into labor.

Justice Alito is deeply deluded if he thinks that judgment based on 17th century science has anything to do with the modern debate on first trimester abortions. What an absolutely unfit lunatic!

Hekate

(100,133 posts)
37. "Quickening" refers to the first sensation of movement that a mother feels, ie about the end of...
Tue May 3, 2022, 07:17 PM
May 2022

…the first trimester. However far back in written history a person wishes to go, law and tradition held that prior to quickening a pregnancy could be in doubt — menstrual irregularities and whatnot. As long as midwives held sway over birth it was women’s business, and herbal remedies might be employed to bring on the menses.

It’s only when men decided that they and only they should have the word on medicine — and deliberately excluded women from universities and medical training — and degraded the status of midwives as “dirty handed granny women” — and outlawed midwifery because the practitioners had not been to medical school — and burned them as witches…

Note that the man who Alito cites so approvingly also had at least 2 women burned for witchcraft.

Response to EarlG (Original post)

trof

(54,274 posts)
43. Donnie Two-Scoops has fucked us for at least two generations.
Tue May 3, 2022, 08:10 PM
May 2022

Maybe longer.
The rules for SCOTUS judges' terms needs to be changed.
Can congress do that?

Sogo

(7,239 posts)
46. So, apparently "Making America Great Again," has something to do with
Tue May 3, 2022, 08:55 PM
May 2022

returning it to British monarchical rule....

tclambert

(11,194 posts)
49. One step closer to bringing back trials for witchcraft.
Tue May 3, 2022, 10:36 PM
May 2022

"Make America Great Again" means taking us back to the good ol' days of 1692 and the Salem Witch Trials, right?

I think Republicans have revealed their true agenda.

(Turns out I'm a second cousin, 11 times removed of one of the people hanged for witchcraft, and a 3rd cousin 10 times removed of another.)

jmowreader

(53,264 posts)
50. Now, hold on a second
Wed May 4, 2022, 12:05 AM
May 2022

Sir Matthew said aborting a "quick child who died in the womb" was a great crime and a great misprision.

Let's see if I've got the sequence right.

A "quick child" is a fetus that can move on its own.

So...first the fetus passes the point of quickening.

Next, for whatever reason said fetus dies in the womb.

The doctor then removes the dead fetus from the mother before it goes septic and kills her. This act Alito is referring to as a great crime and a great misprision.

That Alito is referring to an act taken to save the life of the mother - at this point, the fetus has converted itself into a lump of dead, rotting flesh - as a great crime and a great misprision shows the true intent of the Republican Party: they don't give a flying fuck about the woman, the fetus reigns supreme even if it's dead.

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