The liberal women Supreme Court justices let the snark fly Monday as they picked apart the six-week abortion ban out of Texas.
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1392880
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1392880
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It truly sucks that there isn’t a fascistgooper in the country who can be persuaded by logic, common sense, or appeals to human decency.
Even so, I’m glad to hear Kagan and Sotomayor speaking truth on the matter.
The fascists may lose this particular case but it certainly seems as if the fascist five on the scotus bench are determined to kill RvW in the near future.
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Very happy to know these specious arguments are actively being challenged. Kagen is calling out the faulty logic. I hope she is making sure that the court takes judicial notice of the most important legal reasoning why court must find for the plaintiff, and against Texas.
If SCOTUS proves itself to being unfairly political and overturns itself, Biden can rebalance SCOTUS, and will have the predicate which demonstrates the need for that remedy.
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All the words don’t matter when you don’t have the votes in an illegitimate court.
Until there’s the will to finally reform the court, nothing means anything.
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The Solicitor general gave an important final rebuttal.
ETA Elie Mystal
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I object to the headline. One does not refer to Justices who uphold law as liberal as if you have to be a certain type to do the right thing.
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What Texas’s abortion law has in common with the Fugitive Slave Act
Throughout U.S. history, lawmakers have given legal tools to private citizens to undermine constitutional rights
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The law, S.B. 8, says that every person who “aids and abets” a woman in obtaining a post-six week abortion is criminally liable, and deputizes individuals to sue them.
SB8 does not create any form of criminal liability. Nobody is getting arrested or going to jail. It provides only for civil liability.
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Thanks for the reminder of why I have @ElieNYC muted on Twitter.
The only reason Kavanaugh and the Hand Maiden are willing to push back on the idiotic Texas law is because they plan to make it moot in a few months time, by reversing Roe vs Wade. Alito and Ginni Thomas’ Zombie still think is not that bad.
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This is spicy and I love it.
We just need Roberts to find a sliver of self-respect in…well, probably just in Gorsuch. Oof. Well there’s still a chance!
Also could be Thomas with some left-field logic that rules against SB8.
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“That was something that, until this law came along, no state dreamed of doing.”
Enter Texan fascists.
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I have a bad feeling that in Texas that is a difference without much distinction.
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Yes, that is a very bad feeling that you have.
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Kagan: “…some geniuses came up with a way to evade…”
That genius would be former Texas Solicitor General Jonathan F. Mitchell. Clerked with Scalia. Hoover Institute fellow. Argued losing anti-abortion case before SCOTUS.
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It turns out you do have to be a certain type to do the right thing. And Republican types are not that type.
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I know it is a technical point, but I wish folks would quit saying “after 6 weeks of pregnancy.” Really, “3 weeks after conception” highlights how draconian this is.
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I am old enough to have been alive in the days before Roe. In those days coat hanger abortions were common and often fatal. These abortion laws mostly prevent women from dying at the hands of incompetent abortion providers or their own misguided efforts. Anti-abortion laws don’t stop abortions. Too bad the anti-abortion people have forgotten exactly what they are fighting for. They aren’t pro life. They want to increase the death count.
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They want to punish women, and only women, for having sex. Also, if a woman cannot control her fertility, it becomes nigh impossible to get an education, hold a job, and pursue a career.
The cruelty is the point.
ETA Keep women poor and dependent on men. Not much different than the Taliban.
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Oh how much do I love Justice Sotomayor.
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