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Draft Alito opinion leaked overturning Roe

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

  1. luvtruthg8r

    luvtruthg8r Premium Member

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    I have heard many constitutional scholars the last few days say that if Roe is overturned on the basis of the right to privacy being nullified (which is included in the leaked draft), then the other rights supported by the Supreme Court on the basis of the right to privacy would also be unconstitutional.

    That surely includes contraception, which was illegal in Connecticut until the Griswold decision recognized the right to privacy, and therefore, the right to use contraceptives. If the right to privacy is nullified, then contraceptives can be made illegal in this country.

    The Supreme Court cannot nullify the right to privacy and then expect to keep in place other rights that were ruled as being constitutional by the Supreme Court if the court used the right to privacy as the basis for those rulings. Alito surely knows this, and his protestations to the contrary are as intentionally dishonest as was his testimony about Roe during his confirmation hearings.
     
    Last edited: May 8, 2022
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  2. duchen

    duchen VIP Member

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    No right to privacy: they can do it.
     
  3. duchen

    duchen VIP Member

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    I was discussing the draft with someone who is not vaxxed yesterday. I told him that if there is no right to privacy, they can force him to get a vaccine.
     
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  4. tampagtr

    tampagtr VIP Member

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    You are presuming a principled consistency I application which I do not. I think this Court is highly unprincipled, purely partisan and tribal. If application of a prior principle works to the disfavor of their preferred group, they will just ignore it
     
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  5. duchen

    duchen VIP Member

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    . I have been saying this for days.
    That draft is not even that limited in its sweeping change to constitutional interpretation. Think about originals and the warrants clause. That clause was based on the British practice of occupying people’s homes, particularly war time. Do you want your business searched without a warrant? Or your phone tapped? Under originalism, they can do it because the warrant clause would be limited. And suppression of illegally seized evidence was not an original remedy. Can’t sustain those decisions either.
     
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  6. duchen

    duchen VIP Member

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    Their overarching principle is the limitation of individual rights under the constitution and the transfer of rules rights to government or big business.
     
  7. tampagtr

    tampagtr VIP Member

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    I agree. I'm just saying they won't follow that principle announced with bold righteousness and a prior decision if it leads to a result they don't like
     
  8. gogator7444

    gogator7444 GC Hall of Fame

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    I'll just say when they show you who they are, believe them.

     
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  9. gogator7444

    gogator7444 GC Hall of Fame

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    For those who don't feel like clicking on the above, what that FDNY guy is saying is

    "“You have no choice. Not your choice, not your body, your body is mine.”"

    And at the end he closes with "you're all having my baby".
     
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  10. sierragator

    sierragator GC Hall of Fame

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    So our rights will be what fundamentalists say they are
    Lovely....
     
  11. sierragator

    sierragator GC Hall of Fame

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    Welcome to Gilead.
     
  12. jjgator55

    jjgator55 VIP Member

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    There’s more to the story. This is a group that frequently harasses women going into the clinic, and they we’re waiting to invade the clinic. However more and more pro choice people started showing up chanting, and you could see they were starting to get nervous. Finally a cheer went up when the NYPD said they weren’t going to provide police protection for the invaders. All they could do was stand there at the church steps.




     
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  13. gogator7444

    gogator7444 GC Hall of Fame

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    Yep.

    Keep telling us it isn't about control.
     
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  14. gogator7444

    gogator7444 GC Hall of Fame

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    Oh yeah lots of videos about protesters showing up to drown out the ones harassing patients, etc.

    It's his words that are just....telling if nothing else.
     
  15. jjgator55

    jjgator55 VIP Member

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    Typical squid using the church as a shield to promote male superiority.
     
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  16. gogator7444

    gogator7444 GC Hall of Fame

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    Blessed Be The Fruit.

    144a577286fed809d515828ea120e659.jpg
     
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  17. gogator7444

    gogator7444 GC Hall of Fame

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  18. gogator7444

    gogator7444 GC Hall of Fame

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    "Leave it up to the states".
    "You're being hysterical, there's no way there will ever be a national ban on abortion."

     
  19. gogator7444

    gogator7444 GC Hall of Fame

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    Women already asking online if they have an IUD and are from another state, go to Mardi Gras, and go to the hospital because of an accident or something, would they be subject to a pelvic/scan to see if they have an IUD? Would they then forcibly rip it out and arrest them?

    This is SERIOUSLY okay with some people??

    More fears women have to deal with.
     
  20. sierragator

    sierragator GC Hall of Fame

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    Wrapped in a flag, waving a bible around spouting off about liberty and how they alone can fight off tyranny, as they proceed to impose it.
     
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