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re: Solictr Gen. F'd Around, Found Out: MS law or Roe goes, No 1/2 measures. Alito: Accepted.

Posted on 6/28/22 at 6:45 am to
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42868 posts
Posted on 6/28/22 at 6:45 am to
I've only read the syllabus and it is a magnificent piece of manifest logic.

The original Roe/Wade decision was the butt of jokes, and rightly so - nothing more than the first shot from the progstain cult to attack the Constitution of the United States by rendering it a mere pothole in their long term 're-definition' campaign.

Strategy = load up the SCOTUS with weak-minded robots and employ the mob to intimidate, threaten, destroy any opposition, meanwhile the 'lawmakers' turn their attention only to keeping their donors happy.

Then - along came Trump - the one person who just didn't give a shite about the 'privileges of the DC elite - and assigned real JUDGES to the court.

THIS is their primary problem with TRUMP - he went after their weakest link - and we are now reaping the rewards of that strategy.

If only we don't screw up and turn it all into a mere bump in the road for the progstains.
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 6/28/22 at 8:32 am to
quote:

I've only read the syllabus and it is a magnificent piece of manifest logic.


I am still working my way through it but it is definitely worth the investment of time.

Alito completely guts Roe (pun intended), or what was left of it after the plurality in Casey turned its back on the trimester framework and its concept that the right to an abortion grew out of the right of privacy which grew out of the 1, 4, 5, 6, 9 and 14 amendments. So he basically pushes Casey to the side and says "look bitch, Imma gonna go finish what you started with Roe and I'll get back with you in a second."

Turning back to that hideous wraith that remained of Roe, he then cites the abundance of authority dating back to the middle ages demonstrating how the Roe court either "ignored or misstated" the history of the US which showed that abortion was not part of the Nation's concept of "ordered liberty" to thus form an implicit right- if anything, abortion was traditionally a crime.

After then showing that Roe was then at its heart a policy-based decision that developed an arbitrary trimester and viability framework- the type that is normally made by legislative bodies (which Casey abandoned and even scholars like Lawrence Tribe recognized was flawed)- the Court then concludes that neither Roe nor Casey could withstand constitutional scrutiny that a constitutional right to an abortion exists independently under the 14th amendment's concept of "ordered liberty" (historical roots) or part of a broader entrenched right of personal autonomy (e.g. marriage, race cases- abortion is distinct b/c it destroys what Roe deemed "potential life").

All that remained then was whether principles of stare decisis mandated that the court uphold those decisions. A very detailed analysis follows of why the principles of stare decisis did not mandate the decisions should be upheld. After briefly dissecting the flaws of the dissent (Breyer's final "REEEEEE!!!!") and Roberts' concurrence (muh “more measured course)”, the Court drives the stake through the heart of Roe and Casey. Good riddance.
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