A Trumpified SCOTUS And A Wide-Open Abortion Case Puts Roe At Its Greatest Risk Yet | Talking Points Memo

It’s not just the Supreme Court’s recent jerk towards the right that makes its grant Monday of a major abortion case such a big deal. It’s how the justices went about deciding that they were going to wade into the issue.

This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1374379

GQPSCOTUS, no surprises here.



Roberts assigns himself the majority opinion. He will write to the effect that fetal development happens continually, that there is nothing special about 24 weeks, and that state legislatures are free to exercise their own judgment on timing so long as it does not unduly burden a woman’s right to obtain an abortion. That will let legislatures go how wild passing increasingly earlier and earlier bans.

Thomas will write separately, offering some kind of garbage take about the Court needing to do away with the undue burden standard and just hand it all back to the states.

Kagan assigns herself the dissent.


This crap makes me so angry. It is sick and obscene that Texas is trying make abortions illegal after 6 weeks - because that’s when a bundle of nerve cells (that eventually will become a heart) starts pulsing.

When I updated my Texas medical forms 4 years ago, I found out that the GQP Talibangelicals had changed the form to override your end-of-life wishes, should you be a pregnant female. Hello, future zombie incubator!


trump is makin’ shit up again…
per cnn.com:
“Trump lit the latest fuse Saturday – as Republican leaders of the Arizona state Senate press forward with a controversial audit conducted by Cyber Ninjas, a Florida-based consulting firm – when he falsely claimed in a statement that the “entire Database of Maricopa County in Arizona has been DELETED!””


Republican women voted to have a majority of Republican men determine their choices.


All your uterus are belong to Clarence.


The Court is Trumpified in the laziest sense of the word - it is really a creation born straight out of the willingness of McConnell and the GOP to do the most back handed, unethical and immoral acts perpetrated in the Senate since Jim Crow days to force a conservative court on us that is going to be seriously screwing things up, including any chance at real progress, for the next 2 or 3 decades. They started this crap in Obama’s last term when Trump was just a gleam in Robert Mercer’s eye. Trump was just the cartoon figure who served as a conduit for the Federalist Society.


Time to let SCOTUS know that there will be riots in the street if they fail to follow stare decisis.

Burn this country down.


“The law at the heart of the Mississippi challenge is a ban on abortions after 15 weeks, which an appeals court struck down as violation of the precedent set by Roe.”

The only way Amy Coney Barrett wouldn’t legally define a 15-week-old fetus as “innocent human life” is if Donald Trump shot it in the middle of 5th Avenue.


Or if it did not respond well to its hydrochloroquinine and bleach treatment.


If SCOTUS goes all in on wiping out abortion rights they will unleash a Democratic voting tidal wave never seen in our lifetimes.


If the Court was going to maintain the status quo it would not have taken the Mississippi case and it is safe to assume the Court is not going to expand access to abortion, so this decision will be transformative. In an unabashed copy and paste from my son’s take on the case:

As the 5th has clearly pointed out, “The central question before us is whether this law is an unconstitutional ban on pre-viability abortions. In an unbroken line dating to Roe v Wade, the Supreme Court abortion cases have established (and affirmed, and re-affirmed) a woman’s right to choose . . . before viability.”

“In recognition of state interests, Casey allows restrictions on pre-viability abortions that are not an undue burden on a woman’s right to elective abortion . . . But the [Mississippi] Act is not such a restriction, so this legal principle, while valid, has no application here.”

I agree with @txlawyer, the Court is about to fire the starter’s pistol for state legislatures’ race to see who can enact the most restrictive law all in the name of states’ rights and religious freedom.


Let us make it very, very clear: The “Undue Burden” in all of this is assumption that the government, at any level whatsoever, has any right whatsoever to interfere with a woman’s reproductive rights. Period. End of discussion!


Bold prediction, and I have to say, I agree with the general conclusion 100%. This is what these guys were cloned to do by the Federalist Society. This is where they pay back their makers.


Unlike many others, I see the end of Roe as a positive thing for that and other reasons.

The right to an abortion has already been eroded in so many places that it’s a privilege for the affluent and white.

May as well allow it to be explicitly illegal, that’ll put it in stark terms that many more people will understand.

In the abstract, there’s nobody, except Republican politicians with mistresses, who is pro-abortion. But when the circumstances happen, people want that choice for themselves and their loved ones.

Unlike in Vietnam, destroying this village may truly be the path to saving it


I agree. Trump has no interest in the battle over abortion rights, except for his insatiable need for approval. He liked the idea that the religious right would praise him. He would have placed Judas Iscariot on the Court if it had been beneficial to him.


Still, Hillary would have been much worse appointing SC justices.


You have no idea what we avoided. Forced abortions, baby-eating legalization, and a “right” to healthcare would have only been the start.


I’m pro-abortion. I think abortion is good. Have as many of 'em as you want.