Loving, Life and Clarence

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From ‘Wonder if Loving v Virginia is next.’ Legal experts on both sides unpack Roe decision. (msn.com)

“Wonder if Loving v Virginia is next on the list of cases for Justice [Clarence] Thomas to overrule,” Katyal tweeted, citing Thomas’s concurring opinion Friday in the abortion case.

“Justice Thomas concurs, saying overruling Roe isn’t enough. ‘For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.’ That’s right to privacy, contraception, marriage equality, etc,” Katyal tweeted.

From Loving v. Virginia – Wikipedia :

“In Obergefell v. Hodges (2015), the Supreme Court invoked Loving, among other cases, as precedent for its holding that states are required to allow same-sex marriages under both the Equal Protection Clause and the Due Process Clause of the Constitution. The court’s decision in Obergefell cited Loving nearly a dozen times, and was based on the same principles – equality and an  unenumerated right to marriage. During oral argument, the eventual author of the majority opinion, Justice Anthony Kennedy, noted that the ruling holding racial segregation unconstitutional and the ruling holding bans on interracial marriage unconstitutional (Brown v. Board of Education in 1954 and Loving v. Virginia in 1967, respectively) were made about 13 years apart, much like the ruling holding bans on same-sex sexual activity unconstitutional and the eventual ruling holding bans on same-sex marriage unconstitutional (Lawrence v. Texas in 2003 and Obergefell v. Hodges in 2015, respectively).”

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57 thoughts on “Loving, Life and Clarence”

  2. maher last night: “Well if you’re keeping score at home it’s guns one women nothing“

    Bill reacts to the top stories of the week, including the Supreme Court’s decision to overturn Roe v. Wade.

  3. Although mentioned a few times in the past couple of years it is now time to bring it up front, fugitive slave laws.  Several of the states that have banned womens healthcare, or are working on it, include as part of the bills preventing women from having healthcare provided to them out of their home state.  These seem to be modeled after the fugitive slave laws of the early to mid-1800’s.  Including rewards for catching the miscreant in the act of being away from the state while pregnant.  It is time for President Biden to nominate four or five new Justices and seat them.

  4. Liz might help in the fight to save democracy but I guess other than that she’ll always be a true Cheney.    Too bad, I had thought she might have learned something along the way.   I guess they never do.  Does Wyoming have a viable democratic candidate? To hell with that democrats voting for Liz idea.

  5. I don’t want to see the court use substantive due process as an excuse to strip rights from minority and gay citizens. However if the court goes that direction I hope solely for irony’s sake Clarence and Jenny get to face the prospect that the white racist liars on the court think that their marriage is based on a substantive due process based decision they are getting ready to overturn 5-3 with Roberts standing up and disqualifying him from the case. 

  6. sturgeone – the last time I worked in Wyoming (early 80’s) of the ten people who lived in WY at the time, one might have been a closet Dem.  They consistently vote against their own interests, just like most of those who call themselves an r.

  7. Will there now be a concerted effort to see the ERA finally in the bill of rights?  will this renewed effort be checked by current court and, if so, will the court also nullify similar era amendments found in 25 state constitutions?  

  8. david horsey

    Supreme Court draws a red line between states on abortion | The Seattle Times

    The 19th century Mason-Dixon Line marked the boundary between slave states in the South and free states in the North. With the Friday ruling overturning Roe V. Wade, the six conservative justices on the U.S. Supreme Court drew a 21st century line between states where abortion will be mostly or entirely illegal and states where the right to abortion will be protected.
    The new line demarcating anti-abortion states takes in much of the old Confederacy, then snakes up through parts of the Midwest and stretches on out to Idaho, by way of the Dakotas and Wyoming. Here in Washington we will be very aware of that invisible line as women in Idaho cross the border to obtain the procedure in our state. Gov. Jay Inslee has already made it clear they will be welcome.
    The divide may not be as horrific as the one created by slavery, but it will be stark. In several states ruled by radical Republicans, abortion will be illegal even in cases of rape, incest and to protect the life of the pregnant woman. More than 90% of Americans favor abortion if the mother’s life is in danger and more than 80% think abortion should be allowed if the pregnancy is the result of rape or incest. But the opinions of that vast majority of Americans did not matter to the Supreme Court majority and it certainly will not sway the Republican legislators and governors who will be instituting abortion bans.
    It is a good bet that most Americans have some ambivalent feelings about abortion. Most do not favor it in the later stages of pregnancy, but most also do not want to see it banned in all cases. Nevertheless, the Supreme Court has done away with a legal precedent that, for half a century, set reasonable rules for when abortion is allowed.
    Now, the zealots will be in charge in half the country and the geography of our divided nation will be tragically easy to see.

     

  9. Andrew Sullivan and Katie Herzog join Bill Maher to discuss the culmination of the GOP’s Supreme Court “long game.”

  10. https://www.texastribune.org/2022/06/24/contraceptives-birth-plan-b-abortion/

    “But birth control and emergency contraceptives, commonly referred to as Plan B, are different from the drugs used to induce an abortion.”

    “In the same decision that overruled Roe, the U.S. Supreme Court was clear that the constitutional right to access contraceptives remains untouched — though one justice said he would welcome challenges to that right.”

    I wonder who? Yep. Clarence T.

  11. https://www.newyorker.com/magazine/2022/07/04/we-are-not-going-back-to-the-time-before-roe-we-are-going-somewhere-worse

    “The principal danger now lies elsewhere, and arguably reaches further. We have entered an era not of unsafe abortion but of widespread state surveillance and criminalization—of pregnant women, certainly, but also of doctors and pharmacists and clinic staffers and volunteers and friends and family members, of anyone who comes into meaningful contact with a pregnancy that does not end in a healthy birth.”

    “Search histories, browsing histories, text messages, location data, payment data, information from period-tracking apps—prosecutors can examine all of it if they believe that the loss of a pregnancy may have been deliberate. Even if prosecutors fail to prove that an abortion took place, those who are investigated will be punished by the process, liable for whatever might be found.”

  12. https://en.wikipedia.org/wiki/United_Nations_Human_Rights_Council

    “The Council investigates allegations of breaches of human rights in United Nations member states and addresses thematic human rights issues like freedom of association and assembly,[5] freedom of expression,[6] freedom of belief and religion,[7] women’s rights,[8] LGBT rights,[9] and the rights of racial and ethnic minorities.[b]”

    SCOTUS is in violation, Greg Abbott is in violation, many other states are now in violation, the woman-hating, chicken-fried taliban is in violation of the right to privacy and women’s rights.

  17. I’d say Susan Collins has some explaining to do
    Amy Phoney Barett. The mother of black children thinks calling someone a nigger is not workplace harressment

  19. How many women would come forward, if they weren’t terrified of what Orange Adolf and his mob would do to them?  How many abortions has he paid for?
     
     

    SCOTUS is making Pootin’s job easier?

  20. At what point would the UN Human Rights Council make a statement/give warning fir repercussions? 

  21. Ha! Just saw something: Federal lands aren’t under state jurisdiction.   Got a nation park in your state.  It’s exempt from state abortion laws.  Women wouldn’t have to travel out of their state; they could go there to get abortions pills and to be monitored for any health emergencies.   

    ps – We need to pass the ERA Amendment, because women are no longer equal citizens under this new law. The alternative to equalize things, forced vasectomies for males until they are ready to become fathers.

  24. BiD, saw your comment about federal lands and it reminded me of a plan a FL lawyer friend of mine came up about tribal lands setting up planned parenthood type clinics which would provide healthcare including reproductive care.  they already have gambling casinos and sell certain products in states that don’t allow such activities so why not abortions or at least the abortion pills?  

  26. craig & renee, hope media don’t get too distracted from the “lock him up” evidence and efforts.  with the furor over scotus going on,  i imagine loser former guy is very happy to lose some of the negative limelight and headlines he’s been getting lately.  thanks for reminding us. 

  28. rachel’s take in case you missed it pointed out that even certain conservative churches, politicians etc weren’t against abortion until years after roe

  29. https://19thnews.org/2022/06/senate-democrats-abortion-rights-executive-action-biden/

    “Medication Abortion and Clinics on Federal Land: Here Are Democrats’ Ideas to Protect Abortion Access”

    “Warren, alongside Washington Democrat Patty Murray, sent a letter to Biden last week suggesting a host of executive actions the administration could pursue to protect abortion rights. A total of 25 Democrats — half their Senate ranks — signed the letter, which called on the president to direct federal agencies to “develop a national plan to defend Americans’ fundamental reproductive rights, including their right to an abortion.”

    Read the writing on the wall; Republicans have poked the bear and their days in office are numbered.

  30. They probably weren’t too keen on casinos at first, either;  but Buddy look at ‘em go now.  

  31. patD – And, if it’s a crime to leave the state for an abortion, they won’t need to cross state lines. 

    Women’s health in general, not just reproductive health, is poorly handled.  To paraphrase George Carlin, those who are against abortion aren’t the ones  anyone wants to eff. 
     
     
    ps Reproductive health includes a lot more than pregnancy.

  32. I’m kind of inclined to believe that if the Native Americans see a chance to stick it to the white-eyes  they’ll jump on it with both feet. 

  33. It doesn’t have to be in tribal land.  Yellowstone, Yosemite, Denali, etc.
    All you need is a kiosk with a dispensary, and, a contact in case of emergencies.

     
    https://www.nationalparks.org/connect/blog/how-many-national-parks-are-there

    “The National Park System encompasses 423 national park sites in the United States. They span across more than 84 million acres, with parks in each state and extending into the territories, including parks in Puerto Rico, the Virgin Islands, American Samoa, and Guam.”

    They (Republicans) are coming for birth control next. Weirdly, if they get their way, there will be a lot more people of color…which is why they are doing their darnest to make sure some folks can’t vote.

  34. “Grab ‘em by the pu55y,” he said.  Republican SCOTUS listened and did as they were told. 

  35. https://www.texastribune.org/2022/06/24/domestic-violence-abortion/

    “Women who are pregnant or recently gave birth are twice as likely to die by homicide than any other cause of maternal mortality, most often at the hands of an intimate partner.”

    “For those who have been able to access it, abortion, advocates say, has represented a lifeline — and often the safest option — for many experiencing intimate partner violence.”

  36. I just feel like we can’t wait until Election Day.  I donated to a lot of Dems yesterday, and, I wish I could do more.  
    Some sort of boycott is needed, too.  It’s summer, so don’t vacation in states who’ve banned abortion.  Just an idea for starters.   

    So, no abortion, no healthcare, no paid maternity leave. There is a war against women.

    I can’t wait to get out of this crazy state and move to a blue state…or Denmark. Is that what it will come to, folks moving to another state to live in freedom?

  38. Well ” Little Sister and Kapt. Karl”  caught the Covid .
    Needless to say , I’ve had a belly full of  this miserable decade. 

  39. meanwhile, war goes on in ukraine and music festivals go on in the west

    YouTube thumbnail

    Jun 24, 2022 Zelensky speech Glastonbury Festival in Great Britain Spread the truth about the Russia war

  40. speaking of glastonbury

    Rage Rocks Glastonbury: Billie Eilish and Phoebe Bridgers React to Supreme Court’s Abortion Ruling | Vanity Fair

    Bille Eilish made history not just as the youngest person to headline the main stage at England’s Glastonbury Festival on Friday night, she was the first-ever born in the 2000s. (Her 21st birthday is this December 18, if you were thinking of getting her something.) And as The Guardian noted in their rave review of the performance, she’s the first “kind of pop star that tweenage girls scream at” to headline the event that debuted way back in 1970.
    But some of that was overshadowed by news of the U.S. Supreme Court’s move to overturn the 1973 Roe v. Wade decision, leaving women’s body autonomy in the hands of increasingly reactionary state legislatures, unprotected by federal law. Word hit the U.K. at around 6 p.m. local time.
    From the primary Pyramid Stage, Eilish introduced her song “Your Power” with a downbeat prologue: “Today is a really dark day for women in the U.S. and I’m just gonna say that ’cause I can’t bear to think about it any longer in this moment. This song is dedicated to that, I guess,” she said. 
    Phoebe Bridgers, who performed earlier on the John Peel Stage, was a little more blunt. “Who wants to say, ‘Fuck the Supreme Court’?” she reportedly asked the crowd. She also commented that while the festival was “super surreal and fun,” she was also “having the shittiest day.” Bridgers, who has spoken about having an abortion in the past, concluded by saying “fuck that shit. Fuck America and all these irrelevant old motherfuckers trying to tell us what to do with our fucking bodies. Fuck it.”
    [continues]

     

    shades of woodstock – Plus ça change, plus c’est la même chose

  42. Roe v Wade: senators say Trump supreme court nominees misled them | Roe v Wade | The Guardian

    […]
    “Start with my record, my respect for precedent, my belief that it is rooted in the constitution, and my commitment and its importance to the rule of law,” Kavanaugh responded, per notes taken by “multiple” staffers at the meeting, the Times said. “I understand precedent and I understand the importance of overturning it.”
    “Roe is 45 years old, it has been reaffirmed many times, lots of people care about it a great deal, and I’ve tried to demonstrate I understand real-world consequences,” Kavanaugh elaborated, according to these notes, and also claimed, “I am a don’t-rock-the-boat kind of judge. I believe in stability and in the Team of Nine.”
    “This decision is inconsistent with what Justices Gorsuch and Kavanaugh said in their testimony and their meetings with me, where they both were insistent on the importance of supporting longstanding precedents that the country has relied upon,” Collins said in a statement.
    Senator Joe Manchin of West Virginia, the lone Democrat to back Kavanaugh, voiced similar sentiments. “I trusted Justice Gorsuch and Justice Kavanaugh when they testified under oath that they also believed  was settled legal precedent and I am alarmed they chose to reject the stability the ruling has provided for two generations of Americans,” the Times reported him saying.
    [continues]

  44. Redefining  “Pro- Life”
    Many of these states that  are going to the most extreme positions,  have the worse records when it comes to maternal health care before the baby even comes. 
    If they love life so much why do they all seem to believe , that Mom should deliver the baby , and then go out and finish plowing the South 40 which she was in the middle of when her water broke. 

  45. just wait until the state declares “personhood” at conception.  will pregnant women be thrown in jail for child abuse because they don’t eat properly, smoke, drink alcohol, be in same room with smokers, etc.?

    what a kettle of worms that will be… and some states are already there

  46. Patd –
    I see you have the bit in your teeth. 
    Lots of folks  fording  the Rubicon  .
    What they failed to understand , everyone has an abortion story after 50 years. 
     

  53. And a No Hit Wonder  this never was noticed  in it’s time  , but it is one of greatest Blues songs ever , and it’s British. It’s perfect in everyway.
     

     
     

  55. The My Pillow Guy 
    Talk  about a flaming Zeppelin as an opening act. 
     
    Trump will  not give way to DeSantis.   They will  eat each  other . 
    Power is the only thing these men  want. 
    Like Rodney said  , “Tigers eat their young”. 
     
     

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