Discussion: Lindsey Graham Practically Begs Kavanaugh To Overturn Roe v. Wade

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21

Lindsey would ever need reproductive rights like a fish would ever need a bicycle.

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22

Lindsey, like a lot of gays, is probably secretly guilt ridden over being gay and tries to put the attention of guilt on other people.

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23

I think the whole point was that Kavanaugh would refuse to join him.

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24

Because that would require caring what they think.

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Three theories on what Lindsay is doing here:

  1. Lindsay does want Kavanaugh on record in order to energize conservatives to come out and vote for Trump. Heā€™s confident that even Collins and Murkowski will vote to confirm. Heā€™s daring Democrats to come out and vote against the GOP because of this single issue.
  2. Lindsay wants Kavanaugh to restate the ā€˜settled lawā€™ argument in response to a question begging him to reverse Roe v Wade in order to diffuse concerns that he is an extremist and pave the way for confirmation with votes from Democrats.
  3. Lindsay is putting a poison pill in there to reserve the right to vote against Kavanaugh from a conservative perspective if Trump or McConnell gives the order to cut and run. The whole point of that bogus op-ed was to fashion a conservative argument against Trump much like the tea party evolved as a conservative critique of Bush. Thatā€™s paving the way for the GOP establishment to cut and run from Trump and keep ideological cohesion with conservatives.
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26

Emotional pearl clutching is so unseemlyā€¦

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27

You may be onto something with theory #3. Graham seemed to be giving the Kav a slow softball when he suggested that since the right to an abortion isnā€™t explicitly in the Constitution and can only be found in the ā€œpenumbra of ā€˜libertyā€™,ā€ the only real solution to the Roe v, Wade conundrum is a constitutional amendment - a legislative solution that would open up the door to all kinds of constitutional revisionism. What Rethug wouldnā€™t want a shot at that?

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28

It seems weird that a closeted gay man would weigh in on abortion. Talk about something that will never, ever affect his life.

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29

When Graham talks about the existence of penumbras of liberty within the constitution heā€™s speaking code about not only overturning Roe but Griswold as well. He knows how this stuff is playing in South Carolina.

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30

Iā€™m not clear on his use of penumbra here. Like some rights are occluding other rights?

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31

But giving individual First Amendment rights to corporations is perfectly fine and respectful of the Constitution.

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32

Miss Lindsey, if youā€™re so concerned about children, why donā€™t you adopt some?

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33

I think he means that certain important rights are derived from more fundamental rights. In this case, the right to an abortion is derived from the right to liberty. A right to liberty is not explicitly stated in the Constitution (Iā€™d maintain that it is more fundamental than that, appearing in the Declaration. Iā€™m sure conservatives would disagree.)

The point of all that being that the further an implied right is from the rights explicitly laid out the more the right is subject to scrutiny. A right in the penumbra of a derived right is then in pretty bright light.

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34

Right. Thatā€™s absolutely a dog whistle about outlawing contraception and privacy rights in general.

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35

Iā€™m aware of the proposed Child Interstate Abortion Notification Act (CIANA), but I didnā€™t think there was actually anything enacted into law (yet). Importantly, a CIANA type of law is based on interference with a parentā€™s right to prohibit abortion under state law in the state of origin.

I donā€™t think a state that prohibits abortion would be found to have a similar right to enforce its will on a resident who has traveled to another state. To trivialize the issue, that would be like New Mexico telling Texas that New Mexico minors canā€™t have an alcoholic drink with their parents in a restaurant in Texas (which Texas law allows but NM does not).

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Not as if Mr. Graham will be personally impacted by abortion.

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37

Always the guys who fear that their mothers would not have chosen to bear themā€¦

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38

Oh come on Linny,
Go for the LGBT questions and maybe you can set yourself free.
Closets are tough to work out of.

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39

Are you sure about that?

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Red state governors and legislatures have already done that.

He will vote to overturn Roe, there is no doubt in my mind.

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