There might be a point here if there were nationwide federal paid maternal/paternal leave laws, but these would likely be declared unconstitutional by the Unspeakable Five. And what hourly wage earner works for companies that offer paid maternity leave. By my observation, these are generally companies that employ a lot of white collar workers, which in turn illustrates the prejudice. I don’t think this a straw man argument, but it is how I interpret it.
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Yep. Promoting the General welfare… definitely unconstitutional
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States rights, argle bargle.
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Somehow I thought there was some elements of collaboration. “Clarance, how about something on eugenics” “I like how you used the term abortionist in that prior case”.
Exactly.
Name a retail or food service job that has paid leave for the workers on the lowest rungs. Management, yes, peons, no.
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It’s probably either Roberts or Alito, and Roberts sure doesn’t sound like it was him. Either way, the obvious point is to shift one or more of the three Trump judges. Either Alito is afraid he’s losing one or more to Roberts’ approach of not explicitly overruling Roe and Casey and wants to scare them back into the fold or risk being seen as traitors to the cause, or Roberts is trying to peel one of more of them off by demonstrating what a public shitshow Alito’s maximalist approach is going to be.
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It appears that way, but they all went to Federalist society training camp. Some earned the “Don’t say the quiet part out loud” merit badge, some didn’t. Thomas and Alito seem to have burned theirs
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That’s just Alito channeling the others’ pet hobbyhorses – playing to their preferences so they all stay happy and on board with him.
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Seriously, he’s going with, “Let’s not talk about the crime or the victims, let’s instead focus on who ratted out the killer.” That’s about as bad of a response as possible.
Meanwhile, the paper of record in KY…
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If it’s Alito (and I’m not saying it’s not) though, why is he circulating an early February draft in early May? They have to have gone through at least two cycles of revision.
Maybe I can answer my own question: he’s been through 2- 3 cycles now and all his favorite bits have been cut. He wants them back in, so he’s circulating the first draft to show GKB just how popular this bullshit is with their people.
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This draft is from February. I suspect this leak is a response to the current draft or draft comments.
Either
Roberts leaked because he wasn’t able to get moderation, or
it was the Breyer camp, with little to lose, showing this draft to capture for posterity how awful an opinion the five were willing to sign onto before a toned down polished version is released.
Or Thomas/Ginny because the newest draft isn’t crazy enough
I think all fairly likely… some maybe more likely than others but not really by much
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I think the researchers are wrong. There won’t be more births, there will just be more women dying of botched abortions.
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Breyer seems to be almost pathologically committed to comity and the “magisterium” of Scotus, though. I don’t see it coming from him or his clerks. Do you you suppose Breyer has even seen this draft? I don’t know how these things work. Could the Unspeakables have kept it among themselves up until the leak?
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I expect there will be more births, but with a dismal infant mortality rate ensured to worsen with this unfunded mandate the net effect will be tempered
USA USA!
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We don’t know when it was leaked. It’s quite possible that Politico obtained it some time ago, with an agreement not to publish until the source gave permission. In other words, this story could have been timed for maximum impact.
Another possible scenario: One or more of the Trump judges wanted to see what the Chief’s concurring/dissenting opinion was going to look like, so Alito hasn’t revised his yet. That would signal squishiness to everyone involved, leading to the leak aimed at moving them firmly into one or the other camp.
Finally, note that Roberts almost certainly decided to assign the opinion to Alito because Roberts is still in the majority to affirm the lower court decision, even if he’s not on board with the Fascist Five’s preference to overrule Roe and Casey in the process. If you want to make the opinion as repulsive as possible, Alito is that guy.
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I expect that it is shared so that dissents can be written and theoretically minds changed…
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I like the way you think.
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If Robert’s isn’t in the majority because it goes too far, as I understand it the duty of assignment falls to Thomas being most Sr in the majority. And Thomas surely wants the opinion as repulsive as possible… so this tracks
I wondered whatever happened to Riff Raff …
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He is in the majority to affirm the 5th Circuit decision that is under review. That gives him the power to make the initial assignment for the majority opinion.
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