Texas vs Roe vs Wade

[Jacob]

So apparently Texas is going explicitly after Roe v. Wade

And Now the Cat Is Out of the Bag on the Texas Abortion Case
They just said it out loud!

It is no secret that the conservative movement in this country has been gunning for Roe v. Wade ever since it was decided. (If there's ever been anything covert about the effort, it's the fact that the real target all along has been Griswold v. Connecticut, and the entire notion of a constitutional right to privacy.) But, for decades, the assaults have been oblique, aiming to whittle away Roe as a functional precedent without ever directly overturning it. This was very satisfactory, because even the most fanatical anti-choice politicians realized that overturning Roe and criminalizing abortion would result in a gender gap the size of the Dardanelles.

Steadily, though, and emboldened by the conservative capture of the federal courts, up to and including the current engineered 6-3 majority on the Supreme Court, this reluctance has melted away. The Dobbs case, soon to be argued in Washington, is a direct appeal to overturn Roe, and it appears that Texas may be trying to beat Mississippi to the punch. On Thursday, Texas filed its answer to the administration's request that the Supreme Court block the draconian new Texas anti-choice law. In that answer, toward the end, the kitty comes screeching from the burlap.

The federal government criticized Texas for not "forthrightly . . . asking this Court to revisit its decisions." Texas has done so now.

Despite the Court's hope that its decision in Casey would "call[] the contending sides of a national controversy to end their national division by accepting a common mandate rooted in the Constitution," abortion remains a divisive issue. There will always be those who deem abortion "nothing short of an act of violence against innocent human life." Consequently, there will always be States who seek to protect unborn life through their laws, and there will be those who seek to challenge such laws, unless and until this Court returns the question of abortion to where it belongs—the States.

If the Court decides to construe the federal government's application as a cert petition, it may also construe this response as a conditional cross-petition on the question whether the Constitution recognizes and protects a right to abortion and whether the Court should reconsider its decisions in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey.

And there it is.

Texas is saying that if the Court takes up the administration's case against a Texas law that essentially repeals Roe in practice, it may consider Texas's response to be a request that the Court repeal its previous decisions on the subject outright. They don't care about the gender gap anymore. They don't really see politics that way anymore. Qui audet adipiscitur, goes the saying.

Who dares, wins.

https://www.esquire.com/news-politics/politics/a38026835/texas-abortion-case-roe-v-wade-casey-planned-parenthood/

[Grey Fox]

What's the gender gap in this context?

[Jacob]

What's the gender gap in this context?

I think they're talking about the risk of driving away female voters?

[Berkut]

Its going to work.

The religious fanatics on the right have sacrificed everything to get here, and get their ultra partisan hacks onto the Supreme Court. They've thrown out principle, democracy, the rule of law, caring about the truth or a free press. It has all been sacrificed on this alter that has gotten them 6 carefully groomed ultra radical "conservatives" in place.

This is what the so called "reasonable" conservatives have been working for. This is why Trump was ok, Cruz was ok, De Santis is to be tolerated, Rush was fine, Tucker Carlson is a necessary evil. This is why destroying the concept of the objective press was worth it.

And it is going to work. Within a short period of time Roe v Wade will be gone, and a significant number of US states will have criminalized a woman's right to make decisions about her own body and health care.

And there will be much loud rejoicing, and a lot more very quiet rejoicing that for the moment, the power of men to control women will have been restored.

[grumbler]

It's even worse than that.  If Roe is overturned, it is because the court refuses to recognize that the state has no right to intrude on a woman's right to privacy without a compelling interest.  That means that Griswold will be the next target, and the power of the one-party states to invade privacy will be absolute.

Either government surveillance and intrusion power over citizens is unlimited, or Roe was correctly decided.

[Berkut]

I wonder if the supposedly "sane" GOP members watching Roe v Wade get taken apart by a radical minority court are thinking "It was worth it!".

To get here, they had to help engineer the destruction of representative democracy in America. The rise of the Tea Party. The war against science, reason, and truth.

They fomented racism within their own ranks, encouraged intolerance and hate, tolerated bigotry and no-nothingism, and the rise of conspiracy as a replacement for knowledge.

They watched the GOP turn into this...thing. A party of anger and hate and a contempt for democracy.

They watched in faux horror as Trump took over the party they had created. They pretended outrage on Jan 6th, and then immediately shut up or even started defending the actions of those who literally attacked the center of American democracy.

But now here it is - here is the payoff. They are getting what they worked for decades for - the minority imposition of their religious views on the majority, and the repudiation of a fundamental woman's right to her own sovereignty over her own health and body.

Victory is at hand. I wonder if they think it was worth it?

[grumbler]

Of course republicans think it is worth it.  It gets them elected, and that's all they care about.  "Principled Republican" is an oxymoron since the death of John McCain.

[Caliga]

Once they've gotten Roe overturned, what will be their next target?

[jimmy olsen]

Once they've gotten Roe overturned, what will be their next target?

Griswold (birth control)

[crazy canuck]

The vacation movies were pretty bad.

[Barrister]

Roe v Wade was a bad decision that deserves to be overturned.  Come fight me.

I suspect though that the GOP is going to be like the dog that caught the care once it is overturned - actually banning abortion will be quite a bit less popular than they think it will be...

[Habbaku]

Roe v Wade was a bad decision that deserves to be overturned.  Come fight me.

I suspect though that the GOP is going to be like the dog that caught the care once it is overturned - actually banning abortion will be quite a bit less popular than they think it will be...

I tend to agree, and if I thought that the GOP were going after Roe on a sound intellectual basis with an aim of replacing it with something better, I might even be in favor of overturning it.

But we know they aren't, and we know what they are really up to, and so they can go fuck themselves and keep coming across as monsters.

[The Minsky Moment]

Once they've gotten Roe overturned, what will be their next target?

Affirmative action in university admissions
ACA and more generally the federal commerce power
Gay marriage
Expanding the ability to invoke "religious freedom" as a basis for evading laws and regulations of general applicability

[The Brain]

The vacation movies were pretty bad.

Oh hell to the no. I mean, it's not Fletch, but isn't there like German boobies? Or did I dream them.

[The Minsky Moment]

Roe v Wade was a bad decision that deserves to be overturned.  Come fight me.

Roe v Wade was a not-atypical mess of a decision with three concurring opinions and a decision-by-committee style opinion of the Court.  It may appear to be a bad decision, except for all the alternatives.