News Roe v. Wade overturned

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[DHT]Osiris

Lifer
Dec 15, 2015
14,077
12,173
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Starting to wonder what the point of passing laws is anyway. Congress authorized this through the plain text of the law and SCOTUS just decided they knew better and Congress didn’t really mean it.

As Kagan points out, this is more Calvinball. The text of the legislation is the most important thing unless the text authorizes a policy SCOTUS doesn’t like. Then, a magical exception to the doctrine appears.
Yep, with this kind of ruling, it doesn't even matter if any specific group gets any specific majority in the senate/house/whatever, the SC can just decide that the law shouldn't be/isn't written correctly/doesn't apply, and just strike it down. It's essentially turning the judicial branch into the monarchical branch.
 

fskimospy

Elite Member
Mar 10, 2006
83,983
47,902
136
Yep, with this kind of ruling, it doesn't even matter if any specific group gets any specific majority in the senate/house/whatever, the SC can just decide that the law shouldn't be/isn't written correctly/doesn't apply, and just strike it down. It's essentially turning the judicial branch into the monarchical branch.
This is the most bonkers part of the ruling - Roberts admits it's covered by the statute and then just says that doesn't matter. His position is:
1) the law itself is constitutional
2) the regulation is consistent with the law
3) I think congress didn't really mean it though so I'm going to invalidate it anyway.


If Congress didn't mean it they are free to pass a new law limiting the EPA's authority. Roberts knows that won't happen though so he just 'passes' his own law to enact GOP policy.
 

Pens1566

Lifer
Oct 11, 2005
11,575
8,027
136
Someone should really be watching Missouri for immediate impacts ... like women dying from ectopics that can't be treated in time. I expect quite a spike.
 

nakedfrog

No Lifer
Apr 3, 2001
58,133
12,316
136
It was bound to happen, they’ll never be satisfied

Truly a sign that freedom is alive and well in our fair country.
Has anyone discussed this segment from Samantha Bee yet?

The gist is that by executive order Biden could declare abortions legal on fed lands or enclaves. Military bases and such.
The thought had occurred to some of us :)
So the solution is not vote D!!! Love the logic Biden needs to do more. Like I get it, many want someone else in 2024. But you’ll spite Biden by not voting for him and writing in someone else. IDIOTS!!!!!
I'd vote for a moist sack of shredded turnip over whatever fascist gets the R nomination, as the odds of them nominating anything other than a Christian fascist representative are effectively zero.
 

dlerious

Golden Member
Mar 4, 2004
1,784
724
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uclaLabrat

Diamond Member
Aug 2, 2007
5,542
2,851
136
I wonder how much presidents outwardly say when they don't have the political power to act. Why give your opponents ammunition to beat you over the head with over something you don't even have the power to do?

At the same time, too many people are pumping and dumping on the "Democrats bad" train to suppress turnout because they won't "do something".

All the stuff about federal law "codifying" abortion rights seems like it would be pointless in this Supreme Court environment. After all, we had voting rights codified, and the Supreme Court tossed half the protections right out the window.
Because it puts the court on blast for being partisan and antidemocratic, ehich serves as the cudgel to pack the court.

Build the momentum and the people will come out in droves.
 

uclaLabrat

Diamond Member
Aug 2, 2007
5,542
2,851
136
Someone should really be watching Missouri for immediate impacts ... like women dying from ectopics that can't be treated in time. I expect quite a spike.
Can women then sue to overturn the ban under equal protection grounds? Citing the fetus' right to health superseding her own?


I know i know...this assumes the court would use consistent logic and application of the law blah blah...
 
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HomerJS

Lifer
Feb 6, 2002
36,044
27,780
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HomerJS

Lifer
Feb 6, 2002
36,044
27,780
136
Heard SCOTUS will take up a case that will not allow the state courts to have the final word on voting related cases. They took it because they believe that have a 5th vote.

I asked why should SCOTUS be allowed to choose their own cases and looked up how that is done...
The U.S. Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case. A Petition for Certiorari is granted in very, few selected cases, fewer than 100 a year, by the Supreme Court of the United States.

The court is permanently fucked because there will be no cases that might rule in favor of progressive causes since conservatives have 6.

Basically conservatives in the position to permanently legislate from the bench.. Deciding which cases because they know in advance they can be won.
 
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pmv

Lifer
May 30, 2008
13,036
7,964
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There have been several people in these forums that either didn't vote or voted green because "poor Bernie."

I've also seen examples in occasional newspaper articles. But I'm suspicious how far such people are being honest, vs just playing duplicitous games.

On the other hand, maybe there is a section of the US electorate where racism (and/or sexism) genuinely vies with class resentment as a political motivator, and who could go either way, politically, depending on circumstances.
 

fskimospy

Elite Member
Mar 10, 2006
83,983
47,902
136
They would have to go on record that they are for or against something. Someone might remind them of their record when they run, so they just throw up their hands and let the SCOTUS decide everything. Do your Fn jobs!
A large majority of our problems stem from having an ineffectual Congress. It can’t pass laws, it can’t discipline misconduct in the other branches, nothing.
 

eelw

Diamond Member
Dec 4, 1999
9,012
4,334
136
A large majority of our problems stem from having an ineffectual Congress. It can’t pass laws, it can’t discipline misconduct in the other branches, nothing.
Yup. Parliamentary system not chocked full of disruptive tactics by the opposition party. With multi party system, different parties with similar leanings can still govern
 
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[DHT]Osiris

Lifer
Dec 15, 2015
14,077
12,173
146
A large majority of our problems stem from having an ineffectual Congress. It can’t pass laws, it can’t discipline misconduct in the other branches, nothing.
There should be a lynchpin rule placed as an amendment, where if 75% of the populace believes that the existing government is ineffective, the entire Senate and house are ejected by the military, new members are chosen from the voter registration (bookended age brackets), and a new runoff is done 365 days later.

Call it the Guillotine Protocol, because in the absence of a meaningful way to unseat corruption in the house/Senate, your options are either guillotines or a populist dictator taking control of the military, and that kinda goes back to the guillotine thing.
 
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HomerJS

Lifer
Feb 6, 2002
36,044
27,780
136
There will be some, since Roberts and Gorsuch do join the liberals some of the time, but yes, there is a bias now.

There will be none because they can hide all this shit in the shadow docket.

Time for Congress to defund the SCOTUS until they reform themselves. They are violating the basic tenant of co-equal branches of government by taking cases just because they know they have the votes in advance.

For starters they need to operate under the same ethics rules as the rest of federal judges