Steve May 2, 2022
supreme-court-has-voted-to-overturn-abortion-rights,-draft-opinion-shows

Mon May 2, 2022, 08:51 PM

demmiblue (33,409 posts)

Source: Politico

“We hold that Roe and Casey must be overruled,” Justice Alito writes in an initial majority draft circulated inside the court.

The Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by POLITICO.

The draft opinion is a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision – Planned Parenthood v. Casey – that largely maintained the right. “Roe was egregiously wrong from the start,” Alito writes.

“We hold that Roe and Casey must be overruled,” he writes in the document, labeled as the “Opinion of the Court.” “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

Deliberations on controversial cases have in the past been fluid. Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading, sometimes until just days before a decision is unveiled. The court’s holding will not be final until it is published, likely in the next two months.

Read more: https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473



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Reply Supreme Court has voted to overturn abortion rights, draft opinion shows (Original post)

demmiblue 7 hrs ago OP
nini 7 hrs ago #1
Deep State Witch 7 hrs ago #2
elleng 7 hrs ago #3
tishaLA 7 hrs ago #6
Raven123 7 hrs ago #15
tishaLA 7 hrs ago #20
elleng 7 hrs ago #22
LiberalLovinLug 6 hrs ago #102
OrlandoDem2 7 hrs ago #36
elleng 7 hrs ago #40
onenote 5 hrs ago #125
wnylib 5 hrs ago #155
The Grand Illuminist 7 hrs ago #51
DemocraticPatriot 5 hrs ago #132
onenote 5 hrs ago #159
DemocraticPatriot 5 hrs ago #163
riversedge 7 hrs ago #4
peppertree 7 hrs ago #5
Mike Nelson 7 hrs ago #7
ShazzieB 6 hrs ago #63
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LineLineReply YEP

Rebl2 7 hrs ago #13
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onenote 4 hrs ago #176
DemocraticPatriot 5 hrs ago #134
Qutzupalotl 7 hrs ago #43
wnylib 6 hrs ago #107
DemocraticPatriot 5 hrs ago #144
hamsterjill 7 hrs ago #9
Ocelot II 7 hrs ago #29
hamsterjill 6 hrs ago #64
sheshe2 6 hrs ago #110
hamsterjill 6 hrs ago #114
electric_blue68 5 hrs ago #143
DemocraticPatriot 5 hrs ago #149
Karma13612 4 hrs ago #168
DemocraticPatriot 4 hrs ago #170
electric_blue68 4 hrs ago #177
Karma13612 4 hrs ago #185
electric_blue68 4 hrs ago #188
Karma13612 4 hrs ago #191
sheshe2 4 hrs ago #171
DemocraticPatriot 4 hrs ago #175
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hamsterjill 4 hrs ago #194
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nini 7 hrs ago #30
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LineLineReply +1

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Response to tishaLA (Reply #6)

Mon May 2, 2022, 10:01 PM

LiberalLovinLug (13,162 posts)

102. And not to test the waters for Democratic voters

They don’t give a crap about them. They know they are not going to vote R regardless.

No, the R judges want to float this balloon to see if there are too many uppity womenfolk that usually vote R who might also not like their rights curbed like that either.

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Response to Ocelot II (Reply #29)

Mon May 2, 2022, 09:30 PM

Star Member hamsterjill (13,679 posts)

64. Dems should have been moving on this long ago.

Expand the court. Expose Clarence Thomas for the crazy ass that he is. Whatever it takes. I don’t care.

I’ve been watching the laws in red states and we’ve all known this was coming. Something should have been done before it got to this point. We live in a fucking democracy and the majority of Americans believe that a woman has a right to control her own body. Why doesn’t that mean anything?

Are we taking to the streets yet? What’s it going to take for us to take back our way of life? Because that is what is being taken away from us!!!

Emotional response? Hell yes. And it should be the same for everyone.

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Response to DemocraticPatriot (Reply #149)

Mon May 2, 2022, 11:33 PM

Karma13612 (3,558 posts)

168. Agree with your whole comment.

I voted for Bernie in the primary.

Then, for the general, I voted for Hillary while I shed a tear in the voting booth. But, I did it. Darn it.

This is just terrible. I’m not directly effected because I am 68, but my heart is breaking. We are regressing as a nation. I can’t abide it any longer.

Just speechless right now.

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Response to electric_blue68 (Reply #177)

Mon May 2, 2022, 11:55 PM

Karma13612 (3,558 posts)

185. yes, the dominoes

And the plight of women across America is changing now.

I’m not so sure women can fight back alone. Not sure if I will get flagged for this but, it would be awesome if more men would stand up and shout about this as well. SOME men think that all they are responsible for is the night of love-making. And the woman just has to take care of any consequences after the fact. When it hits them in the face that their lover is pregnant and can’t get an abortion, are they going to do something about it? Can’t they think ahead a bit?

This needs to be a team effort. I don’t see it happening.

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Response to electric_blue68 (Reply #188)

Tue May 3, 2022, 12:05 AM

Karma13612 (3,558 posts)

191. I am hoping that Big Pharma would finally

Make good use of their ENORMOUS profits and lobby to NOT let Oral Contraceptives be outlawed. And when I mean Oral Contraceptives, I mean those specifically. I am not talking about Plan B’s or morning after pills.

I think ALL of those should be available easily. I think big pharma should stand up and scream bloody murder if red states try to ban OC’s in particular. Otherwise, they are even worse than they behave right now.

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Response to nini (Reply #30)

Mon May 2, 2022, 11:30 PM

Star Member DemocraticPatriot (831 posts)

166. Maybe with the GQP Supreme Court’s pending decision hitting them right between the legs,

the young women of America, and the older women too, will turn out to vote Democratic in this mid-term– especially for the Senate races.

That is my hope.

If they don’t, then they will live in the country for which they did not vote.

I think we can get that vote to turn out…

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Response to nini (Reply #30)

Mon May 2, 2022, 11:41 PM

Star Member electric_blue68 (6,638 posts)

174. In my 50 yrs of voting I’ve missed a few local primaries, and ? 1 or 2 local elections. Never…

a Presidential election (maaaybe a primary). Never or almost never a Congressional election (maaaaybe a primary).

And yeah I’ve gotten into a few near shouting matches in public w third party people. I’m very passionate about a bunch of issues, can’t always kerp my emotions quiet.

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Response to hamsterjill (Reply #71)

Mon May 2, 2022, 10:36 PM

Star Member sheshe2 (75,897 posts)

123. Partly, we don’t get out and vote especially during the midterms.

Lazy and uniformed don’t bother to vote. Outside influences, some Russia and others influence the vote.

Then when we, see Biden and Obama, come into office, they have to dig into the cesspool to correct all the damage the last REPUBLICAN left behind. Bush, left us a near depression. Biden a mishandled pandemic with mishandled funds and corruption, Russian influence in our government. Then the insurrection. War in Ukraine. So many balls in the air and they need to be dealt with. It takes time and yes, some things go on the back burner.

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Response to hamsterjill (Reply #71)

Mon May 2, 2022, 11:18 PM

Star Member DemocraticPatriot (831 posts)

156. We tried..

The Democrats put forth legislation to statutize abortion rights into federal law— but because of our thin majorities in both houses, it could not be passed.

This pending decision is a lesson to all American women, why Democrats should control the White House and the United States Senate (a lesson I am sure you did not need to be taught, yourself— but many others do).

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Response to hamsterjill (Reply #9)

Mon May 2, 2022, 09:28 PM

Star Member JohnSJ (83,325 posts)

62. Perhaps the Nina Turners, David Sirotas, and Brianna Joy Grays should of thought about the

consequences of their in the general election in 2016 by not voting for Hillary, but also encouraging others to do likewise

It didn’t take much either. In every critical swing state Hillary lost by less than 1%, and Jill Stein in those critical swing states received 1% of the vote

That’s all it took

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Response to hamsterjill (Reply #83)

Mon May 2, 2022, 09:58 PM

Star Member herding cats (17,952 posts)

98. The only hope we have is to get off our high-horses and vote for every Dem we can.

Run for local seats, never miss an election and always vote for the Democratic candidate.

There’s simply no quick fix to this disaster at this point. The damage was done in the voting booths in 2016. We’ve made some steps forward since then, but 2022 and 2024 are literally our last hopes.

Edited: for clarity: I’m not saying your on a high-horse. I’m talking about those who chose to sit out in 2016. I warned them this was going to be the outcome and I’m pissed off at them.

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Response to herding cats (Reply #98)

Mon May 2, 2022, 10:08 PM

Star Member hamsterjill (13,679 posts)

109. I understand.

And I promise you, I do all of the things that you list except run for office. I simply don’t have the hours in the day.

There have been times that I had to hold my nose to vote for a Democrat, but I have NEVER voted for a Republican IN MY LIFE! I don’t even vote straight party ticket (when available) because if there’s anyone running AGAINST a Republican, I vote for that person.

And I have done this my whole life BECAUSE I knew this day would come.

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Response to wnylib (Reply #180)

Tue May 3, 2022, 12:01 AM

Karma13612 (3,558 posts)

189. NYC mayors do seem

To be troublesome. At least finding good ones. Not sure what happened to this time around. They were sold a bill of goods from what I can see.

But, we’ve had Democratic Governors recently, even if some were’t that brilliant. It’s the state legislature that you also have to be concerned with. Same as the federal level with the President, and the House and Senate. Not much gets done if you can’t get your agenda passed.

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Response to hamsterjill (Reply #9)

Mon May 2, 2022, 10:58 PM

Oneironaut (4,131 posts)

135. Welll, what are we going to do? (Droopy Dog voice)

I guess I’ll go whine about how terrible this is on MSNBC, and chastise members of my own party who suggest doing anything else, like protesting (gasp!).

Goddamn useless shits. Stop whining on cable news and actually organize protests ffs. We need you now. You have the clout and money to bring in crowds. Get off your fucking ass damn it!

History shows they aren’t going to do shit, though.

I’m sure this is going to get hidden, but, you know I’m right.

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Response to hamsterjill (Reply #9)

Mon May 2, 2022, 11:05 PM

Star Member DemocraticPatriot (831 posts)

142. What do you want Dems to do about it ???

I don’t see it just being “accepted”, except from a legal standpoint. From a legal standpoint, our hands may be tied…

Personally, I think maybe we should not accept the “legal standpoint”, anymore than the anti-slavery movement accepted the “legal standpoint” after the Dred Scot decision. This pending decision enslaves women, and is not Constitutional– no matter what a right-wing Supreme Court may say. Their decision will be worth just as much as that of any bar-room in the state of Wyoming…

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Response to hamsterjill (Reply #9)

Tue May 3, 2022, 02:07 AM

LetMyPeopleVote (110,393 posts)

214. Control of the SCOTUS was on the ballot in 2016 as well as the fate of Roe v. Wade and VRA

Everyone knew that the control of the SCOTUS was on the ballot in 2016. I worked my butt off to elect Hillary in 2016 because it was clear to me and every other real democrat who looked at this issue that Roe would be dead if TFG was elected. Some stayed home and some voted for Jill Stein. Thank you, Susan Sarandon and her ilk, for this result.

We need to pick up seats in the Seante next year to be able to expand the court and to adopt a nationwide version of Roe. In Texas, we need to work hard to defeat Abbott and Dan Patrick. We have to overcome some extreme gerrymanders but we need to pick up the Texas House and Texas Senate to try to change things.

I suspect that DeathSantis will find Democrats motivated in Florida.

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Response to tishaLA (Reply #23)

Mon May 2, 2022, 09:32 PM

Star Member TomSlick (9,439 posts)

70. My bet is that contraception is next.

Roe is based on the right to privacy found in Griswold. If Roe falls, its predecessor Griswold must surely be next.

The marriage equality case, Obergefell, is based on the right to marry as in Loving v. Virginia. Griswold is cited in Obergefell but it is not central to the decision.

There is a movement in fundamentalist protestant circles opposed to artificial contraception. Of course, the Roman Catholic Church holds that contraception is anathema. Five justices, Roberts, Thomas, Alito, Kavanaugh and Barrett, are conservative Catholics. (Sotomayor is also Catholic but surely will not vote to overturn Roe.) If a state controlled by fundamentalists decided to ban contraception, overruling Roe sets up a reversal of Griswold and there is a sufficient conservative Catholic majority.

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Response to TomSlick (Reply #70)

Mon May 2, 2022, 10:44 PM

jmowreader (47,120 posts)

129. Not necessarily

They’ll certainly get around to overturning Griswold, Loving and Obergefell, but I’m betting on the religious right going shopping for a case that’ll give the Supremes grounds to overturn Engel v Vitale, Abington School District v Schempp and Lee v Weisman.

Abington (1963) declared school-sponsored Bible reading unconstitutional.

Weisman (1992) declared schools sponsoring preachers to conduct prayers was unconstitutional.

Engel (1962) declared official school prayers to be unconstitutional.

The fundies have hated those three decisions for a REALLY long time.

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Response to jmowreader (Reply #129)

Mon May 2, 2022, 10:51 PM

Star Member TomSlick (9,439 posts)

130. Abington, Weisman and Engel are certainly on the shopping list.

If stare decisis is dead, every case is suspect. However, it’s a straight line between Roe and Griswold. We are probably discussing the order in which what we thought was established law is overturned.

I’m still lost somewhere between denial and anger but I fear dark times are ahead.

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Response to demmiblue (Original post)

Mon May 2, 2022, 09:14 PM

demmiblue (33,409 posts)

32. Neal Katyal:

This is the equivalent of the pentagon papers leak, but at the Supreme Court. I’m pretty sure there has never ever been such a leak. And certainly not in the years I’ve been following the Supreme Court. END

Sorry one last thing for those wondering about Court procedure: After oral argument the Justices take a tentative vote. This would have happened in December. The senior most justice in the majority gets to assign the opinion. That might have been Roberts, but doubtful since…

Alito wrote this draft.

Now, once the draft is circulated, the justices in dissent will write an opinion. That’s presumably happening now. But the tenative vote seems strong, and Chief Justice Roberts is irrelevant if the 4 + Alito hold with their tentative votes.

So there is the possibility an opinion can flip after oral argument and the tentative vote, so it’s theoretically powerful the Alito opinion won’t be the vote of the Court. But it would require a Justice BESIDES Chief Justice Roberts to flip.

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Response to demmiblue (Original post)

Mon May 2, 2022, 09:14 PM

Star Member scarletlib (2,376 posts)

33. Margaret Atwood author The Handmaids Tale on with Ali Velshi this past Sunday.

In discussing forcing women to have babies she said it is a form of ownership of a woman’s body. If a military draft still existed and men were still conscripted that is also government ownership of the body.

When men were drafted, the government then had the responsibility to see that they were housed, fed given medical treatment, and paid accordingly.

Her point is that the government is conscripting women into forced pregnancy then it has the obligation to proved appropriate housing, food ,medical support and financial support.

If this comes to pass enterprising attorneys need to file class action lawsuits to force states to provide support.

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Response to tiredtoo (Reply #41)

Mon May 2, 2022, 11:33 PM

Star Member wnylib (11,851 posts)

169. By promising that contraception and

marriage equality are next.

If they get those through, the next agenda item will be to rescind civil rights laws. The SC has made a start on that already by eliminating voting oversight in states where it was required.

Give them an inch and they take 10,000 miles.

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Response to demmiblue (Original post)

Mon May 2, 2022, 09:20 PM

Star Member Botany (63,598 posts)

49. Rule of the minority over the majority ….. Alito, Roberts, Kavanaugh, Gorsch,and Coney Island ..

…. have no business on the court and 3 other women all with the same stories about Thomas’ behavior

were not heard.

This will turn out the women’s vote for blue big time.

BTW “they” aim to rig the election big time.

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Response to demmiblue (Original post)

Mon May 2, 2022, 09:26 PM

Star Member ancianita (26,164 posts)

60. This impacts 51% females of the USA, ruled by a majority male SCOTUS.

Overturning all settled law that protects the rights of 51% of the US population.

In January 1973, the Supreme Court issued a 7–2 decision in McCorvey’s favor ruling that the Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a “right to privacy” that protects a pregnant woman’s right to choose whether to have an abortion.

This is not about mere religious belief based on Iron Age holy books. This is about human rights violations.

HALF THE AMERICAN POPULATION IS IN THE SCOTUS MINDER ZONE BECAUSE MEN’S negative justice already HAS overly burdened abortion access and other laws now passed by the hundreds against women.

This SCOTUS argument to overturn Roe is negative legal control of over half the population’s god-given free will and bodily autonomy and privacy. It is a humanitarian catastrophe.

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Response to mcar (Reply #66)

Mon May 2, 2022, 09:43 PM

Star Member Ocelot II (99,616 posts)

89. I am not aware of any such occurrences in the past.

Courts are very protective of internal deliberations. I was once a clerk for a state appellate court whose procedures were similar, and we weren’t allowed to tell anybody, even a spouse, what cases we were working on, let alone how the court was likely to decide. If someone had actually leaked a draft opinion and their identity was discovered, their head would have rolled – they’d have been summarily fired, and they’d probably never get a law-related job again. The USSC is certainly at least as strict. Whoever leaked this was taking a huge chance, and I am wondering what their motive might be.

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Response to demmiblue (Original post)

Mon May 2, 2022, 09:34 PM

Star Member turbinetree (22,776 posts)

76. Maybe its time to expand the courts……

So do these modern day state rights confederates think that Medicare and Social Security should be next…..its not written the Constitution……hell just throw the preamble out the window……the federalist society must have over looked that simple fact …….promote the general welfare…….

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

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Response to demmiblue (Original post)

Tue May 3, 2022, 12:30 AM

Star Member Kablooie (17,534 posts)

204. I believe it was purposely leaked by someone.

I don’t see how it could help the right to leak it. They will get what they want when it’s finalized.

But how could an early leak help the pro choice side?

Cause overpowering opposition in the hopes that the court will back down?

Seems like a futile goal but why else could it have been leaked?

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Response to demmiblue (Original post)

Tue May 3, 2022, 01:37 AM

Star Member C Moon (10,679 posts)

211. This was done to take public’s eye off the fact that our country was almost overthrown on Jan 6.

And that Trump has several court cases against him.

And that De Santis is taking on Disney.

And that much of the GOP supports a putin as he is committing atrocities in Ukraine.

The list goes on.

The GOP looks TERRIBLE right now.

They ALWAYS bring abortion to the table at election time, and this is the ultimate.

THIS WAS DONE TO HIDE ALL THE CRAP I MENTIONED ABOVE.

…and now we get to watch as Twitter becomes an important tool for the GOP. Just watch.

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Response to demmiblue (Original post)

Tue May 3, 2022, 02:32 AM

LetMyPeopleVote (110,393 posts)

218. The target has always been the right to privacy

This is the asshole who drafted the Texas abortion law. This asshole wants to strike down the implied right of privacy by getting Roe overruled which would/could lead to striking down the right to same sex marriage. interracial marriage, gay sex and other rights

There is a pattern here. These assholes want to get rid of Griswold and undo the right of privacy. That would cause Lawrence v. Texas (consensual same sex intercourse), Cooling v. Virginia (inter-racial marriage), birth control and same sex marriage to be overturned.

Link to tweet

https://www.comicsands.com/jonathan-mitchell-overturn-gay-marriage-2655065691.html

Though Mitchell’s brief, also signed by his co-counsel Adam Mortara, dedicates much of its time to the Texas abortion law’s defense, it also questions “lawless” pieces of legislation, namely the Lawrence v. Texas ruling, which decriminalized gay sex nationwide, and the Obergefell v. Hodges ruling, which legalized same-sex marriage.

Though the brief does not say reversing Roe v. Wade would threaten the same-sex marriage ruling, it does say that

“”the news is not as good for those who hope to preserve the court-invented rights to homosexual behavior and same-sex marriage …

“These ‘rights,’ like the right to abortion from Roe, are judicial concoctions, and there is no other source of law that can be invoked to salvage their existence.”

It goes on to add that while the Supreme Court should not necessarily overturn Lawrence and Obergefell, it should consider these two rulings as “lawless” as Roe v. Wade and, by extension, Planned Parenthood v. Casey.

“This is not to say that the Court should announce the overruling of Lawrence and Obergefell if it decides to overrule Roe and Casey in this case.”

“But neither should the Court hesitate to write an opinion that leaves those decisions hanging by a thread. Lawrence and Obergefell, while far less hazardous to human life, are as lawless as Roe.”


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