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If you want to parse the history you are welcome to do so. Roland00 Send a noteboard - 03/05/2022 08:32:06 PM

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A draft opinion has never been leaked before in the history of the court.

Obviously the intent was intimidation - whoever leaked it knew that they could not convince any of the Justices to change their stance so they attempted to get the abortion lobby to do it for them. I think, as Alito wrote in his draft, the Justices won't pay much mind to public opinion, and will do what they believe to be their legal duty.

I also think, however, that this sets a bad precedent. Like the impeachments of Trump guaranteed that every future Democratic president for the foreseeable future will be impeached regardless of the merits of the impeachment, this too means that if there is ever a decision that would come down like Obergefell or Sebelius that would piss off the right, draft decisions will get leaked.

It's a shitty day for the Supreme Court, for judicial ethics (I don't believe that a clerk sent this out without a blessing from one of the three), and for judicial independence.

My only hope is that the Justices refuse to back down to the pressure of the abortion lobby and the media and double down on this decision to show they will not be intimidated into changing their minds or forsaking their legal duty.


I see the distinction of

1) Court is going to have a ruling for, against, mixed
2) The actual deliberations of the court with the mixture of justices and why they are going to do it
3) A rough draft opinion and who is tentatively voting for that opinion

I see the distinction between 2 and 3 is a difference without a real difference, unless one wants to go analytical here. 2 happened with Dred Scott as well as other court cases of that time and after. It is nothing new under the sun, but hey some semblance of things do change if you want to rest your hat on that specific hat rack.

———

As for intent, no I do not see it as obvious and there are a dozen different theories out there and it may never be known. Who stands to benefit is precisely why the court is not just balls and strikes but is a political branch as you pointed out in Sebilius court case.

Likewise while not Obergefell but the earlier 1980s case, Bowers v. Hardwick which was about Gay Sodomy, it was 5-4 decision where the states can make Sodomy illegal. Justice Powell one of the 5 judges said at the time he did not know any gay people, he also asked his clerks, one of the clerks was queer and kept his mouth shut for he was closeted, and 4 years after this case was final Powell said he regretted his decision.

But the court is sacrosanct don’t you know! Except I disagree and stop using the word sacred / sacer / sacro for a man dirties the word when one says such nonsense. The court is not inviolable just like history itself is not innocent but full of mess and complications.

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Abortion in the South, and soon, probably all over the country - 25/04/2022 01:26:45 AM 1552 Views
that is the trouble here - 25/04/2022 05:02:46 PM 904 Views
"The party of "bodily autonomy"" - 26/04/2022 04:51:05 PM 720 Views
That is a perverts motte and bailey argument - 26/04/2022 06:27:51 PM 845 Views
The issue is abortion. - 26/04/2022 07:39:00 PM 680 Views
Tell me your feelings about Lochner - 26/04/2022 07:53:00 PM 693 Views
Simple, it was wrongly decided. - 26/04/2022 09:51:27 PM 668 Views
I think that is enough for the day - 26/04/2022 11:07:42 PM 705 Views
I honestly don't give a fig about the constitution here... - 26/04/2022 07:00:57 PM 741 Views
You can't have your cake and eat it too. - 26/04/2022 07:42:51 PM 711 Views
Uhhh - 26/04/2022 07:54:13 PM 704 Views
I mean, yeah. - 26/04/2022 09:58:19 PM 699 Views
You seem to be arguing with an alternate version of me... - 27/04/2022 04:46:46 AM 862 Views
Broad popular support? - 27/04/2022 04:54:49 PM 703 Views
Cannoli is not wrong. - 26/04/2022 05:09:49 PM 740 Views
Cannoli is a contemptuous moron - 26/04/2022 06:56:33 PM 764 Views
I am contemptuous of you (and I suspect your vocabulary skills) - 26/04/2022 09:30:55 PM 760 Views
Was the Catholic Church EVIL . - 26/04/2022 07:01:50 PM 732 Views
Roland, I am neither supporting nor denying any specific theology in my original comment. - 26/04/2022 08:28:31 PM 696 Views
And I am problematizing your claim - 26/04/2022 08:34:17 PM 812 Views
Theodicy - 26/04/2022 08:55:50 PM 759 Views
Re: Theodicy - 26/04/2022 09:45:35 PM 745 Views
and yet... - 26/04/2022 10:35:58 PM 725 Views
What is the Andrea Dworkin line again? - 26/04/2022 11:06:30 PM 683 Views
You're correct about that. We are most assuredly talking past one another. - 26/04/2022 11:39:01 PM 670 Views
Have not had a drink yet. - 26/04/2022 11:46:59 PM 688 Views
Leaked draft opinion - 03/05/2022 06:42:20 PM 755 Views
John Roberts confirms it is real - 03/05/2022 07:37:26 PM 705 Views
Results were leaked, not opinions. - 03/05/2022 08:02:10 PM 642 Views
If you want to parse the history you are welcome to do so. - 03/05/2022 08:32:06 PM 737 Views
You're either being willfully ignorant or disingenuous - 03/05/2022 09:26:49 PM 727 Views
There's a very simple alternate reason - 05/05/2022 06:36:26 AM 726 Views
“Wants to get the word out there ASAP” - 05/05/2022 02:02:00 PM 675 Views
Re: “Wants to get the word out there ASAP” - 06/05/2022 09:18:24 PM 807 Views
He said, not coming up with any retort of his own. - 09/05/2022 03:04:07 PM 669 Views
Re: He said, not coming up with any retort of his own. - 09/05/2022 05:01:43 PM 656 Views
Don't blame me for your failures. - 09/05/2022 05:21:48 PM 734 Views
Leaking also kind of locks in the 5 justices into a more radical decision - 05/05/2022 04:08:58 PM 705 Views
Precisely. - 06/05/2022 09:22:16 PM 656 Views
Obvious intent my ass - 05/05/2022 06:32:10 AM 700 Views
Treasonous Pieces of Junk - 05/05/2022 01:58:23 PM 646 Views
I cannot commit treason - 06/05/2022 09:20:20 PM 688 Views
Neither am I. - 09/05/2022 03:02:54 PM 670 Views
Projecting what? - 09/05/2022 05:02:59 PM 665 Views
Is this a parody account? - 09/05/2022 05:25:39 PM 640 Views
Nope. - 12/05/2022 10:23:24 PM 661 Views
Well, if it's not a parody... - 13/05/2022 07:46:45 PM 674 Views
Go look up what it means to “project” - 13/05/2022 05:04:19 PM 663 Views
Stop shifting the goalposts - 13/05/2022 07:45:21 PM 657 Views
There is no goalpost shifting - 17/05/2022 12:48:18 PM 732 Views
Parody Account: Hypocrite, or Just Stupid? - 17/05/2022 07:26:49 PM 695 Views
actually, Trump was impeached - 05/05/2022 02:05:16 PM 681 Views
By Democrats and a few Republicans - 06/05/2022 09:21:38 PM 711 Views
you wrote: - 06/05/2022 09:34:09 PM 646 Views
Ummm - 06/05/2022 09:42:57 PM 653 Views
Interesting is one word for it... - 05/05/2022 06:38:23 AM 649 Views
That's your thought.... - 06/05/2022 05:34:21 PM 709 Views
Hardly just mine - 06/05/2022 09:23:32 PM 652 Views
Interesting... - 06/05/2022 10:33:56 PM 688 Views
Roe has restrictions - 07/05/2022 03:16:32 AM 673 Views
So popular opinion is what decides recognition of life... - 06/05/2022 10:44:08 PM 684 Views
Nice try - 07/05/2022 03:19:35 AM 648 Views
No one said that, and you know it... - 07/05/2022 05:56:04 AM 656 Views
Well that's a lot of empty noise - 07/05/2022 02:46:48 PM 648 Views
Then stop listening to yourself… - 07/05/2022 06:56:45 PM 805 Views
Serious reading comprehension fail here... - 08/05/2022 05:01:28 PM 697 Views
That is the Catholic Church's position after 1869, but lets do Idaho and LA - 07/05/2022 10:08:39 PM 699 Views
And the Minoans practiced child sacrifice... - 09/05/2022 11:51:44 PM 684 Views
So we are in agreement if we circle around - 10/05/2022 02:34:19 AM 647 Views
Well, we agree it will get worse - 10/05/2022 04:05:33 PM 686 Views
Thanks for explaining why Roe was egregiously wrong. - 09/05/2022 03:56:52 PM 642 Views
Roe imposed nothing - 09/05/2022 05:05:36 PM 701 Views
Actually, it does impose - 09/05/2022 05:19:38 PM 902 Views
Re: Actually, it does impose - 13/05/2022 05:09:04 PM 649 Views
Roe imposed abortion on states that banned it. - 09/05/2022 05:26:56 PM 709 Views
States rights do not trump individual rights - 13/05/2022 05:12:13 PM 672 Views
States rights regulate individual rights - 13/05/2022 07:42:52 PM 695 Views
I am not allowed to get divorced in my state of Texas if my spouse is pregnant. - 15/05/2022 07:59:19 PM 669 Views
Cool - 16/05/2022 12:10:57 AM 755 Views
So our state energy grid - 16/05/2022 01:41:50 AM 725 Views
Wow, not sure I've seen you so angry before - 16/05/2022 08:12:58 AM 754 Views
Are you off your meds? - 16/05/2022 12:35:18 PM 595 Views
I live in the world the US set up Internment Camps in living memory, I known survivors. - 16/05/2022 06:00:07 PM 654 Views
You're literally arguing with yourself. - 16/05/2022 08:00:37 PM 661 Views
That is precisely what I am afraid of - 16/05/2022 08:07:41 PM 607 Views
That can literally be flipped right on to the other side. - 16/05/2022 08:19:02 PM 644 Views
Just a reminder freedom of movement is not in the US Constitution - 16/05/2022 08:25:42 PM 652 Views
Again, you put words into my mouth that I've never said. - 16/05/2022 08:32:38 PM 651 Views
Who the fuck cares? - 17/05/2022 12:54:48 PM 730 Views
Parody account strikes back! - 17/05/2022 07:14:24 PM 650 Views
a few final thoughts - 07/05/2022 07:18:38 PM 756 Views
In some ways, it probably would've been better if Roe v Wade had never happened. - 07/05/2022 08:20:17 PM 829 Views
I can always count on you for rational discussion. *NM* - 07/05/2022 09:19:57 PM 411 Views
He really is wonderful. - 09/05/2022 04:29:00 PM 693 Views
Let me join in. Yes. Legolas is good people. *NM* - 10/05/2022 02:52:37 PM 355 Views
History and Histrionic or perhaps - 07/05/2022 10:25:23 PM 706 Views
The denominational distinctions within Christiandom aren't of concern to me... - 08/05/2022 05:09:12 PM 792 Views
There is an easy answer for you. - 09/05/2022 03:53:42 PM 661 Views

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