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

Posted on 6/27/22 at 9:17 pm
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 6/27/22 at 9:17 pm
Much praise has deservedly been heaped upon Justice Thomas in the wake of Dobbs for his reliably textually grounded interpretation. However, it seems the author of Dobbs, Justice Alito, has not gotten the praise for being the based jurist he deserves.

I am still casually reading through the opinion which appears to be very structured, logical and difficult to refute on a constitutional basis. However, this passage stuck out with me so far as a response to a 'dare' from the Solicitor General for the DOJ:

quote:

the Solicitor General ask us to reaffirm Roe and Casey, and they contend that the Mississippi law cannot stand if we do so. Allowing Mississippi to prohibit abortions after 15 weeks of pregnancy, they argue, “would be no different than overruling Casey and Roe entirely.” Brief for Respondents 43. They contend that “no half-measures” are available and that we must either reaffirm or overrule Roe and Casey. ... We hold that Roe and Casey must be overruled.


The Decision - quote beginning on pg. 12 of pdf









































Posted by anc
Member since Nov 2012
18096 posts
Posted on 6/27/22 at 9:19 pm to
Yep. Mississippi baited the Pink House and they bit. It was masterful.
Posted by teke184
Zachary, LA
Member since Jan 2007
95832 posts
Posted on 6/27/22 at 9:23 pm to
“No, Brer Abortionist, don’t throw me in that thar briar patch!”
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
71194 posts
Posted on 6/27/22 at 9:35 pm to
quote:

Yep. Mississippi baited the Pink House and they bit. It was masterful.



Imagine getting outsmarted by Mississippi politicians.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
141208 posts
Posted on 6/27/22 at 9:46 pm to
quote:

However, this passage stuck out with me so far as a response to a 'dare' from the Solicitor General for the DOJ:

it was at that moment that the Biden Administration 'opened the door' to allowing SCOTUS to overturn Roe

without that... I think the conservative Justices are stuck in Chief Justice Roberts' middle ground world of 'only the Mississippi 15-week ban is in play here... nothing more, nothing less'

but that line by the Biden Admin allowed the other 5 conservative Justices to step away from Roberts and say 'we think this rule is Constitutional... and if you're telling us your side thinks Roe & Casey must die with it... then die it must'
Posted by anc
Member since Nov 2012
18096 posts
Posted on 6/27/22 at 9:50 pm to
The law was written to bait the baby killers. It was iron clad. The attorney general of Mississippi led the effort, but stepped away and let the solicitor general argue the case.

For that, we should be eternally grateful to Lynn Fitch. The SG was incredible and completely gutted Roe and Casey.
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 6/27/22 at 10:25 pm to
quote:

he law was written to bait the baby killers.


Macron was one of the first to step in it- IIRC: France has a 14 week abortion ban- MS = 15. Similar in Canada w/ that Fascist fig Trudeau. Both quick to condemn an organized, easily understood and CORRECT ruling that ripped Roe to shreds on its misguided and, not flawed, but deliberately misleading foundations.

The insane shrieks from across America, or at least on its east and west coasts, was embarrassingly loud.

It was a policy-based decision and not even the freakiest of the freaks on the board can defend it... and that goes with Texshidder (dare).

Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 6/27/22 at 10:50 pm to
Hopefully, this SCOTUS majority (led by the fearless Justices Thomas & Alito) has finally found its nutsack and will rain down hellfire on the lawlessness of these scumbag communist figs of the blindered administration.

We have never seen or come this close to despotism as with the current iteration of the Deep State. This unlawful Eastman phone seizure is the latest example of the depth of its treachery.

frickers.
Posted by Lima Whiskey
Member since Apr 2013
19283 posts
Posted on 6/28/22 at 1:14 am to
Crazy like a fox
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 6/28/22 at 4:34 am to
quote:

Imagine getting outsmarted by Mississippi politicians.



Posted by NC_Tigah
Carolinas
Member since Sep 2003
123954 posts
Posted on 6/28/22 at 5:01 am to
quote:

Solicitor General for the DOJ


...and she was riding soooo high.
quote:



Elizabeth Prelogar defended her decisions to change the federal government’s position in several high-profile cases pending before the justices while serving as the Biden administration’s acting solicitor general earlier this year.
...

“Such flip flopping impacts the credibility of the Solicitor General,” Grassley said during the hearing. “Are you worried about the office losing credibility?”

Prelogar agreed that such changes in position were “an investment of the office’s credibility” and said that “credibility and stability are really important values for the Solicitor General’s Office.”

“I certainty—in the time when I was Acting Solicitor General—did not make any of those decisions lightly,” Prelogar said.
Alito took nothing lightly either.
This post was edited on 6/28/22 at 5:10 am
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 6/28/22 at 5:22 am to
quote:

Elizabeth Prelogar


Note to not piss off the courtroom sketch artists:



From probably wood (but for crazy swamp diseases, and marriage 'n stuff):



Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42644 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 ChineseBandit58
Pearland, TX
Member since Aug 2005
42644 posts
Posted on 6/28/22 at 6:47 am to
quote:

Imagine getting outsmarted by Mississippi politicians.

that's gotta leave a mark,
Posted by loogaroo
Welsh
Member since Dec 2005
30788 posts
Posted on 6/28/22 at 6:50 am to
quote:

This unlawful Eastman phone seizure is the latest example of the depth of its treachery.


That was infuriating to see. I hope Eastman has some recourse.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42644 posts
Posted on 6/28/22 at 6:51 am to
quote:

that line by the Biden Admin allowed the other 5 conservative Justices to step away from Roberts and say 'we think this rule is Constitutional... and if you're telling us your side thinks Roe & Casey must die with it... then die it must'

Chisel that as the epitaph onto the Biden Admin gravestone.
Posted by deltaland
Member since Mar 2011
90718 posts
Posted on 6/28/22 at 7:36 am to
quote:

Note to not piss off the courtroom sketch artists:


If they were great artists theyd be in a museum
Posted by hawgfaninc
https://youtu.be/torc9P4-k5A
Member since Nov 2011
46463 posts
Posted on 6/28/22 at 8:00 am to
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.
Posted by Diamondawg
Mississippi
Member since Oct 2006
32263 posts
Posted on 6/28/22 at 8:39 am to
quote:

For that, we should be eternally grateful to Lynn Fitch. The SG was incredible and completely gutted Roe and Casey.

Not sure the last time Lynn saw the inside of a court room. But did you read JJ today, re: a Ms Supreme Court ruling in 1998, I think?
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