Monday, June 27, 2022

Dobbs ruling shows you how these Judges think more than anything else

The court is divided into three differing views

The conservative originalists -  While not all of the conservatives call themselves originalists, I would suspect that most of them are defined that way by a lot of observers. In order of originalistic tendencies I am referring to Thomas, Alito, Gorsuch, Comey, and Kavanaugh. If you read their rulings on Dobbs it was 100% about the constitution, the rule of law, and pretty much zero about anything else. Dobbs reverses both Roe and Casey because they were poorly thought out decisions, not because of the underlying concept of abortion. In fact, they wrote almost nothing about abortion, the effects of the decision, and stayed completely out of the political ramifications of the decision for all practical purposes. In fact, they probably annoyingly avoided the political ramifications for many people.

The incrementalist - Chief Justice Roberts is now the sole member of this group. There was a time when others may have fallen into this category, but not anymore. For Roberts, there was literally no argument with the five originalists in regards to Roe and Casey being flawed decisions. He literally did nothing to debate or undercut the opinion of any of the originalists. He agreed that the 15 week law in question should be allowed to stand. But what he suggested outright was that he would have stopped short of completely overturning Roe and Casey, likely making Dobbs a sort of Casey II, whereas Casey clarified Roe, Dobbs would further clarify Casey. In other words, lets get rid of the vague "undue burden" test that Casey established and replace it with something that does not eliminate the courts from stepping in again and again, but makes the legal questions at least somewhat more obvious. 

The political liberals - Obviously, this would include Breyer, Sotomayer, and Kagan. In direct contrast to the originalists, the liberals were light on the constitutional principles involved and heavy on the political ramifications.  Generally when you see a dissent, the dissent attempts to show how the majority got the rule of law wrong. That didn't happen here. They provided pretty much no real legal defense of Roe or Casey as a matter of constitutional law or argued with the actual reasoning of the majority opinion. What they did was largely give a history lesson on the rulings repeating what are generally non-constitutional reasoning for why Roe and Casey did what Roe and Casey did. Their argument with the majority wasn't even so much about stares decises as it was about their own personal feelings about abortion rights and how important they see them. It tugged at the heartstrings of what "could" happen when evil people running bad states try to do something that they personally feel is wrong or even immoral. They obviously feel compelled as members of the USSC to displace those bad views with their good view and prevent them from happening. Now this has been, is, and likely always will be an effective means to appeal to those who see the court as another political wing of the Government and reject the concept that they play some form of umpire or referee. 


42 comments:

Coldheartedtruth Teller said...



White supremacy’s hypothetical harms and violent delights

White supremacists and their fellow travellers create hypothetical hurts, slights, and people (especially theoretical children) to achieve their ideal nation-state.

Donald Earl Collins

Lecturer of History at American University in Washington, DC.

Published On 27 Jun 202227 Jun 2022

Gun rights advocates fly flags, including a composite of the Confederate and US flag, at a rally around Virginia's Capitol, in Richmond, Virginia [Jonathan Drake/Reuters]

There is a common thread between the recent mass shootings in Buffalo, Uvalde, Texas, and Laguna Beach, California, the January 6 insurrection, everyday police lethality, and the overturning of Roe v Wade. Add to this list the critical race theory and queer American discussion bans in public schools across the country. It is the tangled web of violent white supremacy, or at least, the threat of it.

The goal here has always been to terrorise, cower, exploit and marginalise anyone who isn’t a straight white male. Although white males are the primary practitioners of violent white supremacy, one need only subscribe to its main tenets – racism, elitism, narcissism, misogyny, homophobia, transphobia, and control over the bodies of women and the marginalised – to be one.

White males who are die-hard white supremacists and their fellow travellers have and will continue to create hypothetical hurts, slights, and people (especially theoretical children) to create their ideal nation-state. One that fully represents their worldview while fully denying the rights and humanity of everyone else. And while hate may be the trigger for white supremacists to commit their domestic terrorism, power and the pursuit of such is white supremacy’s everlasting fuel.

The recent near-violent incident in Coeur d’Alene, Idaho is yet another example of this seeming contradiction between the rhetoric around protecting children (in this case, from the harms of queer “indoctrination”) and the planned harm of hurting and killing people over queerness.

Police arrested 31 members of the white supremacist group Patriot Front as they were set to riot in the middle of a local Pride event on June 11. Each member of the group wore a blue shirt with the words “Reclaim America” printed on the back. In response, white supremacists have issued death threats to members of the Coeur d’Alene police department. The gall of law enforcement to arrest white supremacists in a nation where many police officers are among white supremacy’s “fellow travelers?” This explains why white supremacists would react to their arrests with threats to kill police in Idaho – law enforcement there bucked the white supremacist code.

It does seem hypocritical for conservatives to champion policies against hypothetical harms to kids while doing little or nothing to stop mass shooters from regularly mowing down living and breathing children in classrooms, or anyone else, for that matter. Or to discuss making schools safer with more armed law enforcement officers, even though police in schools would rather over-police kids than actually stop an active shooter.

Politicians have fought for laws banning the teaching of critical race theory, slavery, racism, queerness, and queer authors because they claim this information could traumatise kids while also advancing anti-abortion rights laws to “protect the unborn”.

Coldheartedtruth Teller said...

But there’s no hypocrisy here. Among so many others, the recent mass shootings at Tops grocery store in Buffalo, New York and at Ross Elementary School in Uvalde, Texas are the result of an American gun culture which itself stems from the larger American culture of white supremacy. That culture is encoded in America’s DNA, and it drives these supremacist policies supposedly meant to protect children and other hypothetical innocents.

As author Jonathan Metzl has discussed, the culture of white supremacy is evident in the drumbeat of American death, from COVID-19, from opioid abuse, from suicides, and from mass shootings, all part of death by whiteness.

This is more than the accusation that today’s GOP is a “death cult” and certainly more than the violence embedded in Hollywood movies, in video games played from Kenosha to Korea, or in popular music lyrics for the past century.

 in May, the historical bond between the anti-abortion rights movement and violent white supremacy becomes clear. Attacks on curricula through bad legislation are likewise a form of psychological violence towards Black, Brown, and queer students in public schools across the US, justified in the name of “defending our children”.



Coldheartedtruth Teller said...

This is why I disagree with you on originalists...He is on Mount Rushmore because

I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.”

In Jefferson’s own words, our Constitution is a living document. He encourages us to change as our “human minds” progress. We must hold righteous our social-democratic principles. In very simple terms, we as a country must continue to evolve. Remember what happened to the dinosaurs?

It gets really difficult but I believe in political evolution.


Coldheartedtruth Teller said...

https://www.post-gazette.com/opinion/letters/2017/02/03/Read-Jefferson-s-words-The-Constitution-is-a-living-document/stories/201702030049

Anonymous said...

Biden's America
"historic Catholic church in West Virginia burned to the ground this weekend, and police are now investigating the incident as arson."


Honest, decent, truthful Rev. said...

This is in part a pretty good reply to Ch's thread article. It could be titled, Once a Christian Originalist, now I am convinced I was wrong:


The Right Isn’t Ready
June 27, 2022 at 1:04 pm EDT By Taegan Goddard 278 Comments

David French:
“Through it all, I was guided by two burning convictions—
*that Roe represented a grave moral and constitutional WRONG and
*that I belonged to a national Christian community that LOVE its fellow citizens, believed in a HOLISTIC ETHIC of life, and was ready, willing, and able to rise to the challenge of creating A TRULY PRO-LIFE CULTURE.

“I believe only one of those things today.

“In deep-red America, a wave of performative and punitive legislation is sweeping the land.

"In the abortion context,
bounty-hunting laws in Texas, Idaho, and Oklahoma turn citizens against each other, incentivizing lawsuits even by people who haven’t been harmed by abortion.
The pro-life movement, once solidly against prosecuting women who obtain abortions,
is now split by an ‘abolitionist’ wing
*that would not only impose criminal penalties on mothers,
*it even calls into questions legal protections for the life of the mother when a pregnancy is physically perilous.”


Caliphate4vr said...

I’ll counter Alky’s stupid moronic shit

Democrats Argue That Clarence Thomas Should Only Have 3/5 Of A Vote

WASHINGTON, D.C.—Democrats in D.C. have lashed out at Justice Clarence Thomas following his vote to overturn Roe v. Wade, arguing that he should only get 3/5 of a vote in the Supreme Court.

"This is an illegitimate vote!" shouted AOC to protesters gathered in front of the Supreme Court Building. "Three Justices lied during their appointment hearings—so their votes don't count—and Clarence Thomas should only get 3/5 of a vote. That means Roe was overturned by a vote of 3 to 2 3/5! That's crazy!"

Democrats say they are proposing this historic compromise to restore public trust in the Supreme Court. They argue that since Clarence Thomas is bad, he should have 2/5ths of his vote removed.

"This is what must be done to restore confidence in our democracy," said Senator Chuck Schumer.

At publishing time, Sen Elizabeth Warren had fallen uncharacteristically quiet on the issue. According to sources, she's concerned someone will bring up her Native American heritage and she'll lose a vote in the senate.

Anonymous said...

Satan James = Pro-baby killer

anonymous said...

Democrats Argue That Clarence Thomas Should Only Have 3/5 Of A Vote


And I think Clarence should be impeached for being a partisan activist judge who don't give a shit

Honest, decent, truthful Rev. said...

AND SO---
Abortion Could Shake Up Midterm Elections

June 27, 2022 at 4:19 pm EDT By Taegan Goddard Leave a Comment

Larry Sabato’s Crystal Ball:
“The president’s party often struggles in midterms, although extraordinary circumstances can save them from losses. The Supreme Court’s overturning of Roe vs. Wade could be 2022’s extraordinary circumstance."

Key takeaway:
“Public opinion is very complicated — the public’s nuanced position on abortion is a good example, which we will explore later on * —
but one thing that can get a party in trouble is challenging or changing the status quo on an issue where the party is also on the wrong side of public sentiment.”

* GO TO politicalwire.com for the entire article.

Caliphate4vr said...

Could, eh Pedo?

Way to go out on a limb. But I bet the vast majority of American are Over $5/gall gas, shortages everywhere, inflation through the roof.

As I said I used to pay $1.49/lb for chicken thighs at Costco now it’s $4 if they have them

So fuck you pedo

Honest, decent, truthful Rev. said...

Roe Is the New Prohibition
June 27, 2022 at 4:26 pm EDT By Taegan Goddard Leave a Comment

David Frum [Republican]:
“The culture war raged most hotly from the ’70s to the next century’s ’20s. It polarized American society, dividing men from women, rural from urban, religious from secular, Anglo-Americans from more recent immigrant groups. At length, but only after a titanic constitutional struggle, the rural and religious side of the culture imposed its will on the urban and secular side. A decisive victory had been won, or so it seemed.

“The culture war I’m talking about is the culture war over alcohol prohibition.
From the end of Reconstruction to the First World War, probably more state and local elections turned on that one issue than on any other. The long struggle seemingly culminated in 1919, with the ratification of the Eighteenth Amendment and enactment by Congress of the National Prohibition Act, or the Volstead Act (as it became known). The amendment and the act together outlawed the manufacture and sale of alcoholic beverages in the United States and all its subject territories. Many urban and secular Americans experienced those events with the same feeling of doom as pro-choice Americans may feel today after the Supreme Court’s overturning of Roe v. Wade.

“Only, it turns out that the Volstead Act was not the end of the story.
As Prohibition became a nationwide reality, Americans rapidly changed their mind about the idea. Support for Prohibition declined, then collapsed. Not only was the Volstead Act repealed, in 1933, but the Constitution was further amended so that nobody could ever try such a thing ever again.”

Caliphate4vr said...

From

Ah yes the editor for The Atlantic and regular on MSDNC is a republican

That’s a RINO dumbass

Honest, decent, truthful Rev. said...

LATE BREAKING!!!

AND THIS COULD BE EQUALLY
OR EVEN MORE IMPORTANT!!!

January 6 Committee CALLS SPECIAL HEARING

June 27, 2022 at 1:30 pm EDT By Taegan Goddard 737 Comments

The House committee investigating the Jan. 6 attack on the Capitol on Monday abruptly scheduled a hearing for Tuesday afternoon to hear what the panel called “recently obtained evidence” and take witness testimony,
the New York Times reports.

The hearing is scheduled for 1 p.m., according to a news release issued by the committee, in which it provided no other details about the surprise session.

Punchbowl News:
“The last-minute nature of this hearing signals that the committee has material that it needs to get into the public domain before next month.
Sources close to the panel tell us that there were numerous new developments over the weekend,
forcing this last-minute schedule shift.”

Hmmmmm.....????

Honest, decent, truthful Rev. said...

Frum is a RIRA.
Republican In Reality Actually

anonymous said...

Latest NPR generic ballot poll.....D's +7!!!!!!!!! Sure says the broadcast hearings are doing their job....Toss in a special hearing for tomorrow with some new data could be a major blow to Lil Schitty and his fellators!!!!!!! BWAAAAAAAAAAAAAAA!!!

Caliphate4vr said...

And pedo you’re a
S tupid
A ss
P edophelic
P astor

anonymous said...

Wow shorty, your intellect is such is as mature as your party boy image......>BWAAAAAAAAAAA!!!!! Must have taken you 10 minutes to come up with such a clever insult!!!!!

Caliphate4vr said...

anonymous said...
Latest NPR generic ballot poll.....D's +7


941 adults eh fatman?

Not registered voters nor likely voters, just adults great poll

https://maristpoll.marist.edu/wp-content/uploads/2022/06/NPR_PBS-NewsHour_Marist-Poll_USA-NOS-and-Tables_202206261035.pdf

Idiot

Myballsinthewoodsagain said...

Tomorrow is the hey everyone already forgot about us hearing

How pathetic

anonymous said...

Not registered voters nor likely voters, just adults great poll


BWAAAAAAAAAAA!!!!! Like you have a brain to comment on polls.....LOLOLOLOL. A poll is a poll and this is the first showing the GOP of yours is a failing institution with you leading the pack!!!!!!!

Myballsinthewoodsagain said...

Have we ever seen a week in which the left has had their asses handed to them by the Supreme Court like this past week?

Trump legacy vs Biden legacy. BWWWAAHHAAAA

Myballsinthewoodsagain said...

If dems pack the court. There really will be a civil war. American doesn't want that.

anonymous said...

here really will be a civil war. T

There already is you dumb fuck!!!! All thanx to activists assholes packed on the court by Trump and Jowls!!!!

Caliphate4vr said...

Like you have a brain to comment on polls.....

Well I attended a university that was capable of being ranked, unlike your commuter school

LOL

Buhbye fatty

anonymous said...

You attended the US party schools with idiots like walker and kemp who have less brains than you!!!!!! BWAAAAAAAAA

rrb said...


In Jefferson’s own words, our Constitution is a living document. He encourages us to change as our “human minds” progress.


So change it. We have a method and a process for that.

What that method and process DOES NOT include is Burning, Looting and Murdering. Destroying cities to the tune of Billions of $$$, threatening Justices or attempting to murder them.

It includes no temper tantrums, no rages, and no other childish and idiotic bullshit.

The process we have is deliberate and thoughtful, and it works.

Use it.

Once you grow the fuck UP, that is.

Anonymous said...

Roger your team had 50 years to change it.

You nitwit.

Caliphate4vr said...

So change it. We have a method and a process for that.

What that method and process DOES NOT include is Burning, Looting and Murdering. Destroying cities to the tune of Billions of $$$, threatening Justices or attempting to murder them.


Alky needs to explain that concept to pedo, just a few weeks back I had to explain to him the concept that new amendments weren’t passed simply by a congressional vote…

Anonymous said...

President Trump has done more to advance the individual freedoms and the improvement of the Human Condition in the US πŸ‡ΊπŸ‡Έ then even Reagan.


Remember. *****Roger said Trump was not a conservative ***

Coldheartedtruth Teller said...

Roe Is the New Prohibition



“Only, it turns out that the Volstead Act was not the end of the story. As Prohibition became a nationwide reality, Americans rapidly changed their mind about the idea. Support for Prohibition declined, then collapsed. Not only was the Volstead Act repealed, in 1933, but the Constitution was further amended so that nobody could ever try such a thing ever again.”

My mother's neighbor distilled their own booze.

Myballsinthewoodsagain said...

Here in NY there's no abortion prohibition here. He'll, We're advertising it.

Anonymous said...

Roger is Dumber then a Parrot 🦜

C.H. Truth said...

Reverend...

You realize that it is possible to both believe that Roe and Casey were bad decisions that needed to be overturned... and "not" be in favor of any Federal bans on abortion?

anonymous said...

Anonymous Anonymous said...
President Trump has done more to advance the individual freedoms and the improvement of the Human Condition in

BWAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA!!!!!!

NOW THAT IS FUNNY!!!

Anonymous said...

Vice President Kamala Harris was slammed by Democrats over the weekend for posting a “tone-deaf” photo that showed her simply watching protests for abortion rights while aboard Air Force One.

While claiming to be “fighting” for the right to have an abortion, Harris was knocked for posting a photo that showed her flying to Europe instead of taking to the street in protests over the Supreme Court’s decision to overturn Roe v. Wade:

Poor stupid Affirmative Action VP.

Anonymous said...

As I prepredicted
Gasoline has slowly been retreating in price.

anonymous said...

YOU PREDICTED NOTHING ASSHOLE....and I would also bet inflation will also start coming down.......BWAAAAAAAAAAA!!

anonymous said...


You realize that it is possible to both believe that Roe and Casey were bad decisions


BWAAAAAAAAAAAAA!!!!! Is it possible that you ain't as smart as you think you are????? Your hatred of women rights is proof of that!!!!

Anonymous said...

So the ?women? That are pro-Abortion are going on a "sex strike".
That solves it, do you think they made that connection?

Coldheartedtruth Teller said...

I suspect that this is the reason for the new house hearing tomorrow


Federal investigators seize John Eastman's electronics outside restaurant: report

Sarah K. Burris

June 27, 2022

Former law professor and legal adviser John Eastman was searched and had his electronics taken last week when a number of Republicans were raided by federal agents.

According to CNN, around the same time that GOP leaders, a former Republican Trump elector from Georgia and a former Arizona Trump campaign staffer were being awakened by federal agents, John Eastman was also being searched. Appearing in a New Mexico court on Monday, Eastman said that he was filing a lawsuit saying that the search and seizure were "improper."

Eastman was leaving a restaurant after dinner with his wife and a friend when six investigators approached him and asked for access to his email on his iPhone 12.

"Eastman contends the agents 'forced' him to unlock his phone," said CNN. "A seizure warrant document included in Eastman’s filing noted any electronic devices agents seized were to be sent to Washington, DC, or the Justice Department inspector general’s forensic lab in northern Virginia."


Coldheartedtruth Teller said...

New York Times: “The seizure of Mr. Eastman’s phone last week is the latest evidence that the Justice Department is intensifying its criminal investigation into the various strands of Mr. Trump’s efforts to remain in power after he was defeated in his bid for re-election.”