Thursday, December 2, 2021

Hackery In Black Robes

Dana Milbank in the Washington Post on the Supreme Court’s selling their souls to whoever shouts the loudest.

Overturning Roe will complete the court’s decline into political hackery that began with Bush v. Gore, continued with Citizens United (corporations are people!), accelerated with the gutting of the Civil Rights Act in Shelby County v. Holder, and reached terminal velocity with the virtual theft of a court seat by Senate Republicans in 2016. Now, after conservatives complained for years about the “arbitrary” standard of fetal viability, the justices are considering a more arbitrary standard of 15 weeks. Is it any wonder public confidence in the Supreme Court just hit a new low?

Justice Stephen Breyer, the court’s senior liberal, referred to the damage. “We have to have public support,” he said, “and that comes primarily from people believing that we do our job.” Breyer said Americans would conclude from the overturning of Roe that justices are “just politicians. And that’s what kills us as an American institution.”

The conservative justices seemed unconcerned. Justice Amy Coney Barrett said respect for precedent is “not an inexorable command.” Kavanaugh claimed the right to abortion was a mere “interest” that states could disregard.

Scott Stewart, arguing for the Mississippi ban, exhorted the justices to “stand strong and stand firm in the face of whatever is going on.”

Here’s “whatever” is going on: About half the states would effectively ban abortion once the Supreme Court rules, many without exceptions for rape or incest. Rich women could still travel for abortions. Poor women, and disproportionately women of color, would go to back alleys or be forced to give birth, often at risk to their lives.

Here’s whatever else is going on: “The court has never revoked a right that is so fundamental to so many Americans,” argued Biden administration solicitor general Elizabeth Prelogar, “and so central to their ability to participate fully and equally in society.”

Until now, that is. Roe is dead. It’s all over but the shouting.

And they’re the ones doing the shouting.

Speaking of shouting, John Cole at Balloon Juice:

I really have no desire to listen to the coverage of the Supreme Court abortion hearings because it’s a foregone conclusion. They’ve worked for decades to stack the court, they’re gonna do whatever they want to do, and pretending there is some legal justification for what they are going to do and providing a thin legal pretext to veneer over their personal religious and political desires, and I just have no interest listening to bullshit artists put on a show.

Literally the only thing holding them back is personal restraint and a fear of overstepping, and I think maybe only John Roberts is mildly concerned about that. The rest of these guys are fanatics and movement conservatives and like their counterparts in the House and Senate, they don’t give a fuck. They understand what Democrats don’t, which is just use your power now and worry about the consequences later, and 99.99% of the time there won’t be consequences. There never are for Republicans.

Right now we should be focusing on how we can help women get from the deep red states where abortion will be completely outlawed to providers in the remaining states where it will be legal. And sorry to be grim, there will be no solution at the ballot box, because Republicans have things so aggressively gerrymandered that until there are fucking riots, we are looking at majority minority rule for a while.

It’s gonna be grim, so keep your head up and keep working and getting out the vote, it is going to matter. And don’t feel like you failed, this has been inevitable since 2016 when Hillary lost.

And btw- they are coming for contraception and gay marriage next.

We, the Democrats, the progressives — hell, the rest of the sane people in America — need to stop whining and get to work.

3 barks and woofs on “Hackery In Black Robes

    • Get mad, get your friends and family to vote, support candidates you agree with, and fight back. The GOP is counting on you being discouraged. We have the numbers. We can do this.

  1. While people wring their hands over the (huge number, depending on the commenter) of unborn children being killed, no one seems to recognize that women – and underage girls – will be dying in large numbers. Ectopic pregnancy? will removing a zygote that will never be born and the woman be considered an abortion? Miscarriage? will the woman bleeding to death from one be able to get to a doctor who will be willing to chance arrest in order to keep her alive? How about IVF clinics? they discard zygotes that the parents don’t want – what consequences will they face? And will the fathers of the unwanted pregnancies be held responsible for anything?

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