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GoldenEye 007

Roll Tide, Y'all!
Banned
Oct 25, 2017
13,833
Texas
Didn't Kavanagh throw cold water on anti-abortion states trying to criminalize travel to states that allow abortion to get an abortion? If he's not cool with that, then I find it hard to believe he'd be ok with a nationwide federal ban. I doubt Roberts would as well. Or maybe I'm naive and giving the conservatives on the court too much credit in thinking they will engage in some self restraint.
I just assume they're lying. No reason to believe them.
 

Nista

Member
Oct 26, 2017
1,100
So basically any OB/GYN would either retire or leave the country cause their malpractice and other legal costs would be insane. Good luck not having maternal mortality skyrocket back to the Dark Ages at that point. Even wanted pregnancies could be too risky for many women.

Republicans really are stupid anti-science assholes, so I bet they'd be all for that endgame of a federal ban.
 

echoshifting

very salt heavy
The Fallen
Oct 25, 2017
14,722
The Negative Zone
They start arresting doctors at their homes one at a time and dare other doctors to continue performing services. Dare state law enforcement to stop feds from arresting people. You can't expect individuals to volunteer to go to prison. It would require mass action to stop it.

You might not get that mass action in like Alabama but I think you will get it in the west coast states and some NE states, New York and NJ at least obviously. It would be an untenable conflict imho, going down in multiple states simultaneously. Just total chaos. And what happens when Newsom or Inslee comes out and says these arrests are not lawful? Cowing a congressperson and cowing a governor are not the same. I don't think I'm being excessively optimistic here. Just doesn't seem practical at all.
 

bruhaha

Banned
Jun 13, 2018
4,122
You might not get that mass action in like Alabama but I think you will get it in the west coast states and some NE states, New York and NJ at least obviously. It would be an untenable conflict imho, going down in multiple states simultaneously. Just total chaos. And what happens when Newsom or Inslee comes out and says these arrests are not lawful? Cowing a congressperson and cowing a governor are not the same. I don't think I'm being excessively optimistic here. Just doesn't seem practical at all.

A GOP-controlled federal government can use the power of the purse and threaten to cut off federal funding to states for healthcare programs such as Medicaid. If the hypothetical ban passes as a federal law, it would be unlike the case of Trump wanting to punish sanctuary cities for immigration enforcement where courts would not side with Trump because no existing law was violated by cities. Courts would side with the federal government if the GOP wrote and passed a law against abortion and explicitly tied for example Medicaid funding to it.

To be clear I don't think this will happen and I'm hoping it won't but I'm outlining the worst case scenarios.
 

Greg NYC3

Member
Oct 26, 2017
12,491
Miami
Worse, he replaced a giant in Thurgood Marshall and they did it again in a similar fashion with ACB replacing RBG. Conservatives always find people that won't advocate for their own.
This is the shit that will hurt me for the rest of my life. I'm pretty sure that the Dems said to Bush that he had to nominate a Black justice to replace Marshall because they assumed at worst they would get a moderate conservative. They couldn't have possibly known that Thomas would get picked. Like, he shouldn't even logically exist.
 

plagiarize

It's not a loop. It's a spiral.
Moderator
Oct 25, 2017
27,544
Cape Cod, MA
Didn't Kavanagh throw cold water on anti-abortion states trying to criminalize travel to states that allow abortion to get an abortion? If he's not cool with that, then I find it hard to believe he'd be ok with a nationwide federal ban. I doubt Roberts would as well. Or maybe I'm naive and giving the conservatives on the court too much credit in thinking they will engage in some self restraint.
I definitely wouldn't extrapolate Kavanaugh throwing cold water on the idea of a state trying to prevent people going to another state for the purpose of abortion to him not being totally okay with a Federal ban on it. They have clearly said the constitution says nothing about abortion, and as such abortion bans aren't unconstitutional.

He would absolutely support a Federal ban that was passed by congress and signed into law by the President.

And I definitely don't trust that to work the other way if Federal law mandates abortion be legal, even though this decision doesn't shut the door on that.
 

OnPorpoise

Avenger
Oct 25, 2017
1,300
Kavanaugh also threw cold water on touching Roe, there is no reason to think they'll protect out of state abortion travel.
 

julian

Member
Oct 27, 2017
16,781
Didn't Kavanagh throw cold water on anti-abortion states trying to criminalize travel to states that allow abortion to get an abortion? If he's not cool with that, then I find it hard to believe he'd be ok with a nationwide federal ban. I doubt Roberts would as well. Or maybe I'm naive and giving the conservatives on the court too much credit in thinking they will engage in some self restraint.
The problem with that line is that he says it's an implied right in a decision that throws away an implied right. There is nothing in the constitution that protects interstate travel. Actually, writing this post, I realize there is precedent with enforcing other state laws like with slavery. If a slave traveled to a free state, they were not suddenly free and would have to go to court and would be returned. Granted, that had legislation backing it, but the point is trust no promises from them because they can twist things however they want.
This is the shit that will hurt me for the rest of my life. I'm pretty sure that the Dems said to Bush that he had to nominate a Black justice to replace Marshall because they assumed at worst they would get a moderate conservative. They couldn't have possibly known that Thomas would get picked. Like, he shouldn't even logically exist.
Don't forget he was Reagan's pick for the EEOC and he worked on Civil Rights before then. Just take a moment to think about how fucking useless and counterproductive he must have been in those positions.
 

Ignatz Mouse

Member
Oct 27, 2017
10,741
This is the shit that will hurt me for the rest of my life. I'm pretty sure that the Dems said to Bush that he had to nominate a Black justice to replace Marshall because they assumed at worst they would get a moderate conservative. They couldn't have possibly known that Thomas would get picked. Like, he shouldn't even logically exist.

They had to dig pretty deep. The big criticism of him before Anita Hill came forward was how unqualified he was.
 

ChrisP8Three

Member
Oct 26, 2017
1,006
Leeds
Forgive me as a non US citizen but how does it legally stand that all these justices during their hearings said they wouldn't touch Roe and then went utterly back on that? were they not under oath? surely there's some recourse that can't be dismissed with 'oh we need a majority to remove them and Republican's won't' surely?
 

darkwing

Member
Oct 25, 2017
14,954
Forgive me as a non US citizen but how does it legally stand that all these justices during their hearings said they wouldn't touch Roe and then went utterly back on that? were they not under oath? surely there's some recourse that can't be dismissed with 'oh we need a majority to remove them and Republican's won't' surely?

no other recourse, need to impeach to remove them, and yes , need a majority, like 2/3rds I think?
 

Dyle

One Winged Slayer
The Fallen
Oct 25, 2017
29,936
Forgive me as a non US citizen but how does it legally stand that all these justices during their hearings said they wouldn't touch Roe and then went utterly back on that? were they not under oath? surely there's some recourse that can't be dismissed with 'oh we need a majority to remove them and Republican's won't' surely?
They did not say anything meaningful, just platitudes about how important precedent is and how they can't comment on any hypothetical cases that might come before the court.
 

julian

Member
Oct 27, 2017
16,781
Forgive me as a non US citizen but how does it legally stand that all these justices during their hearings said they wouldn't touch Roe and then went utterly back on that? were they not under oath? surely there's some recourse that can't be dismissed with 'oh we need a majority to remove them and Republican's won't' surely?
Because they didn't actually say that.
 
OP
OP
kalindana

kalindana

Member
Oct 28, 2018
3,148


California voters will decide in November whether the state Constitution should explicitly protect a person's right to an abortion, and Gov. Gavin Newsom announced new efforts to solidify "California's status as a reproductive safe haven for women."

On Monday, the Democratic-controlled Legislature gave final approval to the abortion measure, which puts the issue before the state's voters in the latest countermeasure aimed at the U.S. Supreme Court's decision to overturn Roe vs. Wade.

Just hours later, Newsom issued an executive order that said California will not share medical records with antiabortion states or extradite doctors who provide care to patients seeking the procedure here.


www.latimes.com

California constitutional amendment securing abortion, contraceptive rights goes to voters

State lawmakers approved a measure Monday that will ask California voters in November whether to enshrine abortion and contraceptives rights in the state Constitution.
 
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viskod

Member
Nov 9, 2017
4,396
I definitely wouldn't extrapolate Kavanaugh throwing cold water on the idea of a state trying to prevent people going to another state for the purpose of abortion to him not being totally okay with a Federal ban on it. They have clearly said the constitution says nothing about abortion, and as such abortion bans aren't unconstitutional.

He would absolutely support a Federal ban that was passed by congress and signed into law by the President.

And I definitely don't trust that to work the other way if Federal law mandates abortion be legal, even though this decision doesn't shut the door on that.
AG Garland has already said that states cannot arrest people for going out of state to get an abortion, helping someone go out of state to get an abortion, and they cannot ban Federally approved abortion medication.
 

plagiarize

It's not a loop. It's a spiral.
Moderator
Oct 25, 2017
27,544
Cape Cod, MA
AG Garland has already said that states cannot arrest people for going out of state to get an abortion, helping someone go out of state to get an abortion, and they cannot ban Federally approved abortion medication.
Kavanaugh rightly recognizes the issues that arise from a state trying to stop people travelling out of that state to another to do something legal in that other state. Nothing about that indicates he's against a Federal abortion ban.
 

OSHAN

Member
Oct 27, 2017
3,932
Kavanaugh rightly recognizes the issues that arise from a state trying to stop people travelling out of that state to another to do something legal in that other state. Nothing about that indicates he's against a Federal abortion ban.

Regarding the former, I just don't see how that would be possible. Would they apply it gambling as well?
 

Kill3r7

Member
Oct 25, 2017
24,427
AG Garland has already said that states cannot arrest people for going out of state to get an abortion, helping someone go out of state to get an abortion, and they cannot ban Federally approved abortion medication.

This is the next legal battleground. Bloomberg law had a piece on this yesterday.
 

plagiarize

It's not a loop. It's a spiral.
Moderator
Oct 25, 2017
27,544
Cape Cod, MA
I wonder if they can somehow use the state legalization of marijuana while the fed gov bans it as a way to say "we can ban something the fed gov allows"
I don't think so.

What the Fed can prevent is *marijuana* crossing state lines. They have jurisdiction over interstate items like this and drugs being mailed via USPS.

Hilariously, it's illegal to transport marijuana from Oregon to Washington state, despite it being legal to purchase and consume it in both states. Not that I think anyone is being punished for doing that.

Now, conversely, it *might* be a basis for a state to *allow* something the Federal government limits, in the face of a future Federal abortion ban.
 

Morrigan

Spear of the Metal Church
Member
Oct 24, 2017
34,356
Forgive me as a non US citizen but how does it legally stand that all these justices during their hearings said they wouldn't touch Roe and then went utterly back on that? were they not under oath? surely there's some recourse that can't be dismissed with 'oh we need a majority to remove them and Republican's won't' surely?
Nah. The whole "they lied under oath" thing is simply not true. They used weasel wording and vague platitudes that were not legally binding. They aren't that stupid.

www.snopes.com

Did Conservative Justices Lie About Roe v. Wade?

Left-wing critics caused "#LyingGOP" to trend on social media in May 2022. But did they miss something important?
 

Kill3r7

Member
Oct 25, 2017
24,427
I wonder if they can somehow use the state legalization of marijuana while the fed gov bans it as a way to say "we can ban something the fed gov allows"

I don't think so because of how our legal system works. Plus they will want SCOTUS to rule on this hoping to inderectly undermine contraceptives (Plan B) as well.
 

Diablos

has a title.
Member
Oct 25, 2017
14,591
Clarence Thomas has no ulterior motives or deep philosophical ruminations.

He's just a vengeful coon piece of shit. They exist.

But what's more telling is that he was ultimately elevated to this position of power by white folks.
But it's pretty crazy how HW also picked Souter who turned out to be a liberal-minded Justice.
Nah. The whole "they lied under oath" thing is simply not true. They used weasel wording and vague platitudes that were not legally binding. They aren't that stupid.

www.snopes.com

Did Conservative Justices Lie About Roe v. Wade?

Left-wing critics caused "#LyingGOP" to trend on social media in May 2022. But did they miss something important?
Conservatives in any branch of government, lying their asses off? You don't say.
 

Kill3r7

Member
Oct 25, 2017
24,427
But it's pretty crazy how HW also picked Souter who turned out to be a liberal-minded.

When Casey came down in ('92) 7/9 Justices were appointed by Republican Presidents. Since then the GOP refined their vetting methodology looking for true ideologues to avoid the Stevens or Souter appointments.
 

Dodongo

Member
Oct 25, 2017
7,462
Seems like social media platforms are working overtime to bury and downplay anything related to Roe v Wade. It's chilling.
 
Oct 25, 2017
41,368
Miami, FL
When Casey came down in ('92) 7/9 Justices were appointed by Republican Presidents. Since then the GOP refined their vetting methodology looking for true ideologues to avoid the Stevens or Souter appointments.
this cannot be overstated. The Federalist Society took those lessons and said, "this will never happen again".

Prospective justices since then get hit with purity tests before even being considered by them, and you don't get considered if the Federalist Society does not approve of you.
 

Diablos

has a title.
Member
Oct 25, 2017
14,591
When Casey came down in ('92) 7/9 Justices were appointed by Republican Presidents. Since then the GOP refined their vetting methodology looking for true ideologues to avoid the Stevens or Souter appointments.
Souter was a bit of an unknown, but so was Thomas. So it's crazy how they ended up being at complete opposite ends of the spectrum.

It's disturbing to know Thomas has been around long enough to be in the minority from back when Casey was decided, all the way to today when he could vote the same way to overturn it with enough justices like him this time. Ugh.
 
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Kill3r7

Member
Oct 25, 2017
24,427
this cannot be overstated. The Federalist Society took those lessons and said, "this will never happen again".

Prospective justices since then get hit with purity tests before even being considered by them, and you don't get considered if the Federalist Society does not approve of you.

Yep. Someone like O'Connor doesn't even make the shortlist today. Although to be fair to her she was a swing vote and would be appalled by many of the recent rulings and certainly the two most recent big decisions.
 

Kill3r7

Member
Oct 25, 2017
24,427
She's still alive (92!), I wonder if she'll chime in.

Surprised she is still alive. I thought she died peacefully after announcing she suffers from dementia back in 2018. I doubt she in a mental state to answer but her views on abortion and the separation between church and state are well documented.
 

Vish

Member
Oct 28, 2017
2,176
I bet the republicans can't wait to use the nuclear option to federally ban abortion.
 

M.Bluth

Member
Oct 25, 2017
4,251
I bet the republicans can't wait to use the nuclear option to federally ban abortion.
A federal abortion ban is like the tip of the iceberg of what these fuckers will do if they get a trifecta again.
All of a sudden all the impossible things that couldn't be done in the Senate will happen with just 51 votes.
 

Geode

Member
Oct 27, 2017
4,457
A federal abortion ban is like the tip of the iceberg of what these fuckers will do if they get a trifecta again.
All of a sudden all the impossible things that couldn't be done in the Senate will happen with just 51 votes.

Yep, a scary thought, but all I can hope for at that point is liberal-minded people start taking voting more seriously. If Republicans start enacting horrible shit at the Federal level, then maybe Democrats (or any other political party) may gain more voters.
 

RUFF BEEST

Member
Jun 10, 2022
2,028
Toronto, ON
A federal abortion ban is like the tip of the iceberg of what these fuckers will do if they get a trifecta again.
All of a sudden all the impossible things that couldn't be done in the Senate will happen with just 51 votes.
Exactly why all the calls to abolish the filibuster scare me, as much as I relate to the frustration behind such calls. There's a good chance that shoe is about to be on the other foot and we'll be glad we can at least slow their progress.
 

RUFF BEEST

Member
Jun 10, 2022
2,028
Toronto, ON
Why would it scare you? The GOP are aiming to abolish it whether or not the Dems do it first.
As the edit says, the GOP has a nonzero chance of having a slim majority soon and they don't have any Sinemas or Manchins in their ranks preventing them from using it to the fullest. It would also be a legislation land rush, the timing of which will likely benefit them more as the Senate favors GOP control due to how senators are elected.
 

Culex

Banned
Oct 29, 2017
6,844
The slow but constant removal of womens rights is terrifying.

The march of the establishment clause being rendered obsolete should not go unnoticed in the cases of the past three months, too.

It really does feel like some prologue to The Handmaids Tale.
 

Thordinson

Member
Aug 1, 2018
18,015
As the edit says, the GOP has a nonzero chance of having a slim majority soon and they don't have any Sinemas or Manchins in their ranks preventing them from using it to the fullest. It would also be a legislation land rush, the timing of which will likely benefit them more as the Senate favors GOP control due to how senators are elected.

Gotcha! I misread what you meant, friend.

It is definitely scary.
 

Loudninja

Member
Oct 27, 2017
42,207
The Pentagon on Tuesday said that last week's Supreme Court decision overturning Roe v. Wade won't impact service members, spouses and dependents who use military treatment facilities.

The memo, sent by Gil Cisneros, the under secretary of defense for personnel and readiness, came in response to Friday's Supreme Court ruling that overturned the 1973 decision in Roe v. Wade that had guaranteed abortion rights under the Constitution.


Cisneros said that facilities on military bases are federal facilities and they won't change how they operate. The military will continue providing abortions in cases of rape, incest or when the mother's life is at risk. Federal law prohibits the Pentagon from performing or paying for other types of abortions, the memo states.
States "may not impose criminal or civil liability on federal employees who perform their duties in a manner authorized by federal law," and the Defense Department will ensure access to counsel for civilians and service members if needed, the memo said. Service members will still be granted leave to travel to receive an abortion, and in some cases, the U.S. government will pay for the travel.
www.nbcnews.com

Pentagon says Supreme Court's Roe ruling won't affect abortions on military facilities

The military will continue providing abortions in cases of rape or incest or when a mother’s life is at risk, a top Pentagon official said.
 

M.Bluth

Member
Oct 25, 2017
4,251
Exactly why all the calls to abolish the filibuster scare me, as much as I relate to the frustration behind such calls. There's a good chance that shoe is about to be on the other foot and we'll be glad we can at least slow their progress.
Quite the opposite. I think the reason we're headed for a flip is because for many, many years, the Democrats consistently underperformed with the power they had.
And hesitation over taking actions because of a belief the GOP will take advantage of the precedent we may establish is just... unconvincing.

We kind of just lived through this. When Scalia croaked and the GOP blocked Garland, the Democrats promised they will rue the day for establishing the precedent to not fill a vacancy the year of an election!

Then RBG died less than 50 days before the election and that spiteful odious turtle went ohthatwasdifferent.gif.

Republicans don't give a flying shit about precedent or how honorably the Democrats acted on different occasions. They will do anything they can to push their apocalyptic agenda.
And I think the Democrats' job is not only stop them from succeeding, but also accomplishing the Dem agenda as they campaigned on it is both imperative to and inseparable from preventing Republican victories electorally.
 

Freezasaurus

Member
Oct 25, 2017
56,994
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