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Thread: Beyond Roe

  1. #1
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    Beyond Roe

    I am concerned about what might come next, not as much from the "specifics" of what is next but the very reality that there will be a next.

    There is an underlying dishonesty in what currently is masquerading as the GOP, they have an agenda that is counter to their proclaimed beliefs. The claim of promoting "less government" is patently dishonest. They might be for less government oversite of business but that only allows them to have more time to exercise oversite of your rights that will increasingly narrow.

    Below is an article from the Hill that speaks to this "hidden agenda". Have no illusion, the rino GOP is coming after YOUR rights. You will conform to the model or be "controlled". You may be able to own dozens of "assault rifles" with 1000 round magazines------but be arrested for using or even owning a condom. God save you if you happen to be gay, cause you goin to jail son!

    From the Hill:

    COURT BATTLES
    Thomas calls for overturning precedents on contraceptives, LGBTQ rights
    BY HARPER NEIDIG - 06/24/22 11:08 AM ET
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    Supreme Court Justice Clarence Thomas on Friday called for overturning the constitutional rights the court had affirmed for access to contraceptives and LGBTQ rights in an opinion concurring with the majority to decision to overturn Roe v. Wade.

    In his separate opinion, Thomas acknowledged that Friday’s decision in Dobbs v. Jackson Women’s Health Organization does not directly affect any rights besides abortion. But he argued that the constitution’s Due Process Clause does not secure a right to an abortion or any other substantive rights, and he urged the court to apply that reasoning to other landmark cases.


    Thomas wrote, “In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”

    Since Justice Samuel Alito’s draft majority opinion overturning Roe was leaked earlier this year, Democrats and liberal activists have warned that the conservative majority would soon turn its attention to other rights that the court has affirmed.

    More from The Hill: What happens now that the Supreme Court overturned Roe?
    The three cases Thomas mentioned are all landmark decisions establishing certain constitutional rights.

    In Griswold v. Connecticut, the court ruled in 1965 that married couples have a right to access contraceptive. In 2003, the court said in Lawrence v. Texas that states could not outlaw consensual gay sex. And the court’s 2015 decision in Obergefell v. Hodges established a constitutional right to same-sex marriage.

    While Thomas’s comments outline the worst-case scenario for the majority’s liberal critics, it’s unclear whether the other conservative justices are willing to go as far as the court’s most senior member.

    Alito stressed in the majority opinion that his reasoning applies only to abortion and rejected any assertions that the rationale in Dobbs could extend to Griswold, Lawrence or Obergefell.

    “Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion,” Alito wrote.

    The three members of the court’s liberal wing — Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor — rejected that assurance in their dissent, saying the majority’s willingness to overturn the landmark decades-old decision leaves other precedents vulnerable.

    “And no one should be confident that this majority is done with its work,” the three liberals wrote. “The right Roe and Casey recognized does not stand alone. To the contrary, the Court has linked it for decades to other settled freedoms involving bodily integrity, familial relationships, and procreation. Most obviously, the right to terminate a pregnancy arose straight out of the right to purchase and use contraception. In turn, those rights led, more recently, to rights of same-sex intimacy and marriage. They are all part of the same constitutional fabric, protecting autonomous decisionmaking over the most personal of life decisions.”

    “The majority could write just as long an opinion showing, for example, that until the mid-20th century, ‘there was no support in American law for a constitutional right to obtain [contraceptives],'” the justices added. “So one of two things must be true. Either the majority does not really believe in its own reasoning. Or if it does, all rights that have no history stretching back to the mid-19th century are insecure. Either the mass of the majority’s opinion is hypocrisy, or additional constitutional rights are under threat. It is one or the other.”
    Last edited by Dave Grubb; 06-26-2022 at 09:06 AM.
    "A pessimist sees the difficulty in every opportunity, an optimist sees the opportunity in every difficulty” ---Sir Winston Churchill
    "Political extremism involves two prime ingredients: an excessively simple diagnosis of the world's ills, and a conviction that there are identifiable villains back of it all." ---John W. Gardner
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  2. #2
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    You have the Democratic talking points down flat down pat!
    OPINION....a view or judgment formed about something, not necessarily based on fact or knowledge.

  3. #3
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    Quote Originally Posted by Honda View Post
    You have the Democratic talking points down flat down pat!
    Some of us think for ourselves.
    "A pessimist sees the difficulty in every opportunity, an optimist sees the opportunity in every difficulty” ---Sir Winston Churchill
    "Political extremism involves two prime ingredients: an excessively simple diagnosis of the world's ills, and a conviction that there are identifiable villains back of it all." ---John W. Gardner
    “You can’t go back and change the beginning, but you can start where you are and change the ending.” ---C. S. Lewis

  4. #4
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    I think we need to pay attention to Thomas on this, more than Alito or Kavanaugh. He has shown himself to be more in line with where the conservative thinking is heading. He plays a long game, influencing not his colleagues but other judges deciding cases. He went from not saying a word for decades to being the driving force behind transformative decisions this past week. His favored causes are all of a sudden getting traction. Ignoring him or writing him off is his super power - everyone underestimated him and he used that to great advantage.

    Kinda judicial aikido, using the opponent's force against themselves.

  5. #5
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    I thing the Supreme Court is just getting started with the Republican Terrorist Party of changing the country to the one they want. We can only hope that they become even more of a minority.
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  6. #6
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    I look at the SCOTUS today and what I believe lays ahead for at very least a decade and then I think back only a few years when the hue and cry of the rabid right was aimed at "activists judges"---they were a scourge on the land

    Now we have an "activist SCOTUS" and I don't hear a peep out of the rabid right decrying the activist court.

    Double standard---tell me it isn't so
    "A pessimist sees the difficulty in every opportunity, an optimist sees the opportunity in every difficulty” ---Sir Winston Churchill
    "Political extremism involves two prime ingredients: an excessively simple diagnosis of the world's ills, and a conviction that there are identifiable villains back of it all." ---John W. Gardner
    “You can’t go back and change the beginning, but you can start where you are and change the ending.” ---C. S. Lewis

  7. #7
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    Yeah and many of us remember and have studied all the crying and gnashing of teeth during the Warren Court years. It comes and it goes.
    OPINION....a view or judgment formed about something, not necessarily based on fact or knowledge.

  8. #8
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    "activist judge" is kinda like "fake news". It only means you don't like the decision and need a rallying cry to be able to dismiss it. I kind of ignore that hullabaloo.

    Hullabaloo is a fun word!

  9. #9
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    Quote Originally Posted by Kevin View Post
    ....Hullabaloo is a fun word!
    Like in "Hullabaloo Caneck Caneck"!
    The only way of discovering the limits of the possible is to venture a little way past them into the impossible - Arthur C. Clarke

  10. #10
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    Had to look that one up!

  11. #11
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    ......"activist judge" is kinda like "fake news".

    Not when the rabid right was all out of kilter over it

    I heard the guy that came up with that got a free round trip to trump's golf course in the Bronx----but no free round, he had to pay for that
    "A pessimist sees the difficulty in every opportunity, an optimist sees the opportunity in every difficulty” ---Sir Winston Churchill
    "Political extremism involves two prime ingredients: an excessively simple diagnosis of the world's ills, and a conviction that there are identifiable villains back of it all." ---John W. Gardner
    “You can’t go back and change the beginning, but you can start where you are and change the ending.” ---C. S. Lewis

  12. #12
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    Quote Originally Posted by Kevin View Post
    Had to look that one up!
    As did I. I liked it.

    Hunter
    I don't care if it hurts. I want to have control. I want a perfect body. I want a perfect soul. - Creep by Radiohead

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