The Conservative Justices' Reasoning in the Texas Abortion Case Is Legal Mansplaining

[evolves]

https://slate.com/news-and-politics/2021/09/conservative-justices-abortion-legal-mansplaining.html

If you woke up this morning to the news that in the middle of the night, in an unsigned order, five conservative justices of the U.S. Supreme Court ended 50 years of abortion rights in Texas without full briefing or oral argument, you might well be wondering why they didn’t just wait and do it on the regular docket, in a Mississippi case they will hear this fall. That case, Dobbs, would have achieved most of the same outcomes—Mississippi’s is a 15-week ban as compared with Texas’ six-week—but both were pre-viability and both upend the long-standing rule that pre-viability bans are unconstitutional. After sitting on the Mississippi case for months, the high court agreed to hear Dobbs last spring, despite the fact that there was no circuit split and no need to address the abortion issue at all. The difference was merely that Amy Coney Barrett had taken over from Ruth Bader Ginsburg. There was no meaningful way to understand the decision to take up Dobbs beyond the fact that with Brett Kavanaugh and Barrett now seated, the court finally had the votes to end Roe.

The cynic in me stands by the claim that they never intended to do in the open what could be done through sloppy subterfuge; that blaming irascible Texas wackiness, throwing up their hands and sighing that a law that was designed to evade judicial scrutiny somehow should evade scrutiny, and then slinking off to bed in the hopes that nobody would care much was always the most appealing strategy. But a careful look at the shoddy, contemptuous jurisdictional reasoning of the five justices in the majority suggests something even darker. It’s not just that the majority of the Supreme Court functionally ended abortion rights for most women in Texas last night merely because they could. And it’s not just that they did so because—as is so often the case with impressionistic, frayed shadow docket reasoning—their personal feelings about the constitutional right to abortion are quite robust. It’s almost impossible to not go one further and declare that the court opted to end virtually all abortion rights in Texas, in the full knowledge that they were blessing an unconstitutional and brutal piece of lawless vigilantism, because it’s only about women.

The inevitable answer is chilling: This isn’t about guns or speech or money or war. It’s about women, their lives and their bodies and their autonomy. That’s what allows you to do shoddy work, with careless disregard, because who’s going to stop you? You only do the thing in the dead of night, without care or effort, because you believe women are so used to being gaslit that you expect them to just tolerate it. You only do the thing in the dead of night without care or effort because you genuinely believe that they’re only women, and they deserve what they get.

[peacefreak2.0]

1. And we'll only have to pick up the pieces

as usual. This shit is getting really old.

[ancianita]

2. WOMEN: THE MAJORITY OF THIS COUNTRY DESERVE TO BE THE MAJORITY OF THIS COUNTRY!

THAT RIGHT THERE IS WHAT THEY "DESERVE" TO GET. THERE'S NO "ONLY WOMEN" TO IT!

NOT THIS
/////

This isn’t about guns or speech or money or war. It’s about women, their lives and their bodies and their autonomy. That’s what allows you to do shoddy work, with careless disregard, because who’s going to stop you? You only do the thing in the dead of night, without care or effort, because you believe women are so used to being gaslit that you expect them to just tolerate it. You only do the thing in the dead of night without care or effort because you genuinely believe that they’re only women, and they deserve what they get.

Shouting in general to the universe, not at you, evolves.

If Slate reads SCOTUS right, FUCK "ONLY WOMEN" JUSTICE.
EXPAND SCOTUS TO 13 JUSTICES, ONE FOR EACH FEDERAL DISTRICT IN THE COUNTRY.

[Lonestarblue]

4. And do it now while the Senate can approve justices with their slim majority.

That majority might not be there after 2022, at which point absolutely nothing gets done for two years in Congress. And while they’re at it, the federal district courts have needed an overhaul for at least a couple of decades. With population increases and shifts from on area to another, some courts are overloaded and need to be rebalanced so their case loads are not so onerous that it takes five years to get decisions. That is not justice for anyone, regardless of politics.

The 5th circuit especially needs to be restructured since it now handles cases from the states with much of the population growth. Additional justices are needed, and they should be as young and progressive as possible to balance the horrible Trump appointees, who are concerned only with what protects white privilege and Republican power.

Democrats have the power now. They need to use it. Republicans always use their power and never worry about the voters because they simply lie about it and the media concedes to their lies as fact.

[ancianita]

5. All that, yes! And lots of funding to clear dockets. And eliminate that shadow docket crap. Now.

These Dems got to be fearless and work their asses off as if it's the last thing they'll ever get to do.

[monkeyman1]

3. same shit ,different day !

same ol' shit going on from the 1800's ! keep'm bare foot & pregnant the wife belong's at home . early 1900's women rose up & said they was man saying this shit ! guess what , happening again thank,s to a big pos in TEXAS , boy is this crap going bite him dead square in his private part's ! so guy's in TEXAS are sure in for a ruff road now ! think I'm bull-shitting , just wait for the coming fall-out ! I worked heavy steel all my life & trained hundreds of women to do the same job , I'd take a butt load of women over men , because they have something to prove & men are the biggest fucking cry baby's ! this governor in texas & republican I hate women party better smart'n up really fuck'n quick ! now I vented ! god these people are stupid !