Friday, June 24, 2022

Regression

And there it is.


The Supreme Court on Friday overturned the landmark Roe v. Wade ruling that guaranteed a constitutional right to an abortion, a momentous break from a half-century of rulings on one of the nation’s most controversial issues.

[...]

The court's ruling does not make abortion illegal, but with access to the procedure no longer deemed a constitutional right, states can now move to ban it.

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The ruling came in a dispute over a 2018 law passed by Mississippi’s Republican-controlled Legislature to ban abortions after 15 weeks. The law, which made exceptions for medical emergencies or cases of severe fetal abnormality but not for rape or incest, was immediately challenged and put on hold by lower courts.

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Mississippi’s law constituted a direct attack on the court’s landmark 1973 Roe v. Wade decision as well as a follow-on ruling in 1992, Planned Parenthood v. Casey. Under those decisions, states could impose some restrictions on abortion before viability provided they did not constitute an “undue burden” on the right of access to the procedure. But flat-out bans before viability, generally considered to be about 24 weeks into a pregnancy, were deemed to be unconstitutional.

Those rulings are no longer the law of the land.

[...]

In the ruling, Justice Samuel Alito wrote that the court’s decision in Roe “sparked a national controversy that has embittered our political culture for a half century.” "We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision," he wrote in the majority opinion, which was backed by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

[...]

In a concurring opinion, Kavanaugh noted that states retained the power to limit or grant the right to an abortion.

"After today’s decision, all of the States may evaluate the competing interests and decide how to address this consequential issue," he wrote.

Thomas, meanwhile, called on the court to revisit other past decisions, including on contraception and same-sex marriage in his opinion concurring with the majority ruling. He wrote that he would do away with the doctrine of "substantive due process" and explicitly called on the court to overrule the rulings in Griswold v. Connecticut, on the right to contraception; Lawrence v. Texas, on the right to same-sex intimacy; and Obergefell v. Hodges, on the right to same-sex marriage.

  NBC
Exactly as expected by all but the densest of people.
Chief Justice John Roberts joined the other conservative justices in the 6-3 vote to uphold the underlying Mississippi law that was being challenged in the case, but urged in a concurring opinion against going further.
I hate to tell Justice Roberts, but he's not in control any more.
In a dissent, liberal Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor said the court "reverses course today for one reason and one reason only: because the composition of this Court has changed."

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"With sorrow — for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection — we dissent," they concluded.

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House Speaker Nancy Pelosi, D-Calif., called the ruling "outrageous and heart-wrenching."

“Today, the Republican-controlled Supreme Court has achieved the GOP’s dark and extreme goal of ripping away women’s right to make their own reproductive health decisions. Because of Donald Trump, Mitch McConnell, the Republican Party and their supermajority on the Supreme Court, American women today have less freedom than their mothers," Pelosi said.

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Senate Minority Leader Mitch McConnell, the Kentucky Republican who reshaped the balance of the court by refusing to hold confirmation hearings for then-President Barack Obama's Supreme Court nominee and who later rushed Trump's nomination of Barrett, hailed the ruling as "courageous and correct. This is an historic victory for the Constitution and for the most vulnerable in our society.”

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Legal scholars said the decision to overrule Roe is one of the few times the Supreme Court has ever invalidated an earlier decision that declared a constitutional right — and the only time it took away a right that had considerable public support.

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In a statement Friday, Sen. Joe Manchin, D-W.V., said he was "deeply disappointed" by the ruling and singled out Kavanaugh and Gorsuch for voting to overturn Roe. Manchin had voted to confirm both.

"I trusted Justice Gorsuch and Justice Kavanaugh when they testified under oath that they also believed Roe v. Wade was settled legal precedent and I am alarmed they chose to reject the stability the ruling has provided for two generations of Americans," Manchin said.
Let that be a lesson about Republicans, Joe.
He said while he considers himself pro-life, "I support legislation that would codify the rights Roe v. Wade previously protected. I am hopeful Democrats and Republicans will come together to put forward a piece of legislation that would do just that.”
What??? Of course they won't, Charlie Brown.

I think it may be time now for women to start refusing to have sex with men. And every child forced to be born of a rape must be adopted by a Republican Supreme Court justice. Or Mitch McConnell.

...but hey, do what you want...you will anyway.

UPDATE:  h/t Stephen for another option.
Proper response is to mandate vasectomies only to be reversed by court order on consent of the uterus-bearing person about to have intercourse and proof of ability to support a child through parental emancipation.

UPDATE:






They  haven't got the balls.

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