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Draft Alito opinion leaked overturning Roe

Discussion in 'Too Hot for Swamp Gas' started by tampagtr, May 2, 2022.

  1. tampagtr

    tampagtr VIP Member

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  2. OklahomaGator

    OklahomaGator Jedi Administrator Moderator VIP Member

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    • Agree Agree x 1
  3. ncargat1

    ncargat1 VIP Member

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    Worst thing that could happen for the Trumpublicans before the midterms. Something like this will very likely bring out far more Democrats to vote than anything Biden could say or do.
     
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  4. tampagtr

    tampagtr VIP Member

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    Regardless of whatever one thinks of the ultimate issue, as a matter of jurisprudence, his opinion about this as a matter of constitutional law is utter nonsense. But then again so is just about anything Alito ever writes
     
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  5. OklahomaGator

    OklahomaGator Jedi Administrator Moderator VIP Member

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    Someone leaked this and it is going to make the Justices upset.
     
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  6. tampagtr

    tampagtr VIP Member

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    Absolutely correct on that. Can't recall that ever occurring before. I would have said it was impossible if it hadn't happened
     
  7. GatorNorth

    GatorNorth Premium Member Premium Member

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    Never happened during my lifetime.

    Midterms are going to be wild. If this doesn’t wake up Dems and independents nothing will.
     
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  8. tampagtr

    tampagtr VIP Member

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    I don't know how anyone predicts that. I used to think that. I don't know what to think anymore. Plus, that presumes that the other side will abide by legitimate democratic outcomes, which is far from clear
     
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  9. OklahomaGator

    OklahomaGator Jedi Administrator Moderator VIP Member

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    This was in the Politico article that I linked above:

    "No draft decision in the modern history of the court has been disclosed publicly while a case was still pending. The unprecedented revelation is bound to intensify the debate over what was already the most controversial case on the docket this term."
     
  10. tampagtr

    tampagtr VIP Member

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    No doubt. I always hesitate to say that something has "never" happened in our history because I have not heard about it, because invariably, you learn about multiple examples. Maybe from long ago, but I don't think this is ever occurred in recent memory
     
  11. gator_lawyer

    gator_lawyer VIP Member

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    Could not care less. They're about to steal a right away from women. F their feelings. If our right to liberty doesn't grant us the right to control our own bodies, what rights do we actually have?
     
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  12. tampagtr

    tampagtr VIP Member

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    I agree with Steve Vladeck. The way the draft opinion is worded severely circumscribing substance due process, it seems to be calculated to lead to overturning Griswold and Obergerfell, contraception and same-sex marriage respectively. Whether he can subsequently gather the votes for that is unclear, but plainly Alito is trying to set that stage.

     
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  13. gator_lawyer

    gator_lawyer VIP Member

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    It wasn't made public, but James Buchanan tampered with the Dredd Scott decision and got the head's up on what the outcome would be before it was made public.
     
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  14. tampagtr

    tampagtr VIP Member

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    Thanks. Now that you mention it I think I do recall learning that
     
  15. gator_lawyer

    gator_lawyer VIP Member

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    Zero surprise. That has always been the game with the right-wing extremists. They're coming for our rights. But the American people won't take that lying down.
     
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  16. tampagtr

    tampagtr VIP Member

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    I hope you are correct.
     
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  17. WC53

    WC53 GC Hall of Fame

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    Semi related, but for decades my stance has been I can’t stand the uber liberal “ hippie” types :) but that I would vote for them over religious zealots every time. One is annoying and one is dangerous. Ymmv
    The GOP has played the long propaganda game with Religion and forming an army of ideologues while the Dem were herding cats, micro aggressions and gender
     
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  18. l_boy

    l_boy 5500

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    I am 100% with you here. F them and their feelings. Looking at the draft Alito’s language is highly inflammatory and arrogant. He went so far as to assert one of the reasons for Roe was to suppress the birth of black babies. It is certainly possible that it could have been a secondary motivation by some, but to explicitly state it as fact it beyond reprehensible.

    Also apparently Comey Barrett, as well as Alito, think that a shortage of adoptable babies is a rationale for ending rights to abortion. I’m not sure why that is even in the discussion - it is completely irrelevant (and not all babies would be adopted if abortion 100% ended, which it won’t ).

    I hope RPG enjoyed her last years on the court. This is her legacy.
     
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  19. l_boy

    l_boy 5500

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    Very well put.
     
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  20. GatorNorth

    GatorNorth Premium Member Premium Member

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    Leaving it to the states is one thing (whether I agree with it or not).

    Criminalizing your people from leaving your state to have an abortion in a state where it’s legal is something completely different.

    Show me another law that criminalizes an activity legal in the place where it’s done. It’s a heinous overreach.
     
    • Agree Agree x 1