During Arguments Over the Fate of Roe, Kavanaugh and Barrett Finally Showed Their Cards

[turbinetree]

A majority of justices appears eager to overturn the constitutional right to abortion.
BY MARK JOSEPH STERN
DEC 01, 20211:37 PM

Give this to the Supreme Court: It did not leave us in suspense. During oral arguments on Wednesday in Dobbs v. Jackson Women’s Health Organization, five Republican-appointed justices made it abundantly clear that they are prepared to abolish the constitutional right to abortion established nearly 50 years ago in Roe v. Wade. Perhaps the most surprising aspect of the morning was how little Justices Brett Kavanaugh and Amy Coney Barrett concealed their desire to overrule Roe. While Chief Justice John Roberts fruitlessly sought out a compromise, Kavanaugh and Barrett showed their cards: Both justices believe the court has an obligation to let states (or Congress) decide the abortion question. Neither showed any appetite for incremental steps or half-measures. They are eager to greenlight complete bans on all forms of abortion at every stage of pregnancy. And they are ready to do it now.

Dobbs is a challenge to Mississippi’s 15-week abortion ban, and it thus presented the 6–3 conservative majority with a possible middle ground. In Roe—and then again in 1992’s Planned Parenthood v. Casey—the court established a bright-line rule: States may not outlaw abortion before fetal viability, which occurs around 24 weeks. The majority could have used Dobbs to move that line back to 15 weeks, or perhaps earlier, while preserving a right to abortion at early stages of pregnancy. Roberts expressed interest in this possibility early in Wednesday’s arguments, then brought it up again and again. He suggested that the viability rule was arbitrary, the result of personal negotiations between past justices rather than a defensible rule of law. And he floated the prospect of replacing that rule with a more flexible standard that would uphold Mississippi’s ban without eradicating all constitutional protections for abortion.

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https://slate.com/news-and-politics/2021/12/dobbs-supreme-court-abortion-kavanaugh-barrett.html

Yes, Kavanaugh you have to pick sides ......and it not what kind of beer you want at a party ...

[onecaliberal]

1. I will be in the fucking street. Fuck this theocratic shit hole

That allows the lowest common denominator in this country to lead us down a path of a death and misery.
I’m so fucking done with these people.

[Bettie]

2. Yep, I will too

and I will be ready to drive anyone who needs a ride to Illinois for some "shopping" and "sightseeing".

[onecaliberal]

3. I will I'm California as well.

[Bettie]

4. I'm in Iowa

and Illinois is close and has an affirmative right to abortion.

Iowa will make it 100% illegal in all cases the second they overturn Roe.

I may be past reproduction, but I will do whatever I can, even if it is just giving someone a ride and a hand to hold.

[onecaliberal]

5. Arizona is next door and they will do the same.

[Solly Mack]

6. ...

Both justices believe the court has an obligation to let states (or Congress) decide the abortion question.

For a while now, really, since I first heard it, I've been thinking about one election season years ago where people were advocating "leave it (abortion) to the states", and this was their idea, their thinking, of a compromise (on the human rights of women), as a way to lure conservative voters.

I heard the same "compromise" offered up about the human rights of LGBTQ people during election seasons, as well - for the same reasons - to lure conservative voters. To appease them, in hopes of gaining their vote.


I've been thinking of those willing to erode and deny the rights of others in hopes of getting a vote and I wonder what it feels like to be so secure and confidant in your own rights, that it means nothing to sell the rest of us out. How must that feel?

Because leaving a civil right - and bodily autonomy/owning your own body is a civil right - up to the states is the exact same as denying that right.

Because it is a right that shouldn't even be in question and it is a right that should be protected, without question, by the Constitution.

Never leave civil rights up to the states because then you have states where people have civil rights and states where people don't. Because in America, unfortunately, there are people who will happily deny equality and civil rights to certain people - like women, LGBTQ people, as well as black, brown people, etc..

And a lot of people tried to warn those saying, "leave it to the states".

If you ever advocated leaving the rights of others up to the states, well, pat yourself on the back and tell me how many votes you got for being willing to sell the rest of us out.

Because 26 states are ready to either ban or effectively ban abortion the minute Roe v. Wade is overturned.

So, Thanks?