Monday, May 2, 2022

[U, X3] Unprecedented, In US History In The Last Century And A Half...


I've added a new post, dated May 9, 2022 -- that is somewhat more hopeful for the future here. Do go read it. I've added that graphic here, as well. End final update.

Update 05.03.2022 @ 11 AM CDT: The Chief Justice has confirmed it authentic, and has ordered an investigation into this historic breach of Court security. The frothy right argues that rules Roberts out as having been behind the leak. They suspect "the left" whatever that might mean. But it could also be one of Thomas's clerks or loyal staff -- trying to shame Roberts into staying on the Alito side -- and avoid Roberts' coming defection. . . to write his own dissent. We shall see.

Update No. 2 (after biking): Since it is confirmed as being from Alito's chambers (though clearly this part may be excised from the final decision). . . I think I will just offer one comment, on how transparently. . . political his opinion is (not grounded in US law). Alito hangs his hat in no small part, on a 16th Century string of decisions from Lord Coke, in England (1775). From England -- when we weren't yet a nation, let alone had a 14th Amendment.

From England, that regarded us as mere "chattel possessions" -- as she did, in large measure, her own women. No vote, no voice. And he was a slaver. So the fact that Alito reaches back to this -- as his defense of ignoring more than a half-century of settled US law. . . is truly. . . self-mocking:

". . .Sir Edward Coke's 17th-Century treatise likewise asserted that abortion of a quick child was “murder”if the “childe be born alive” and a “great misprision”if the “childe dieth in her body.” 3 Institutes of the Laws of England 50-51 (1644). . . ."

Confidential to Mr. Justice Alito: right after your citations, there was this. . . uh. . . revolution, here on our side of the pond. You might have heard about it(?). We see that you will reach back almost five centuries to preserve your view that women are chattel property of men, and that the white, landed gentry / patrimony knows what's best for women, and their own bodies.

Abortion was lawful in the Americas, long before the white man arrived. There are citations for that too. But I'm pretty sure the US Constitution's 14th Amendment is where he should be looking for guidance -- not an enemy monarchy (and, at the time), a Lord's textbook -- from now almost three and a half centuries ago.

I think that is all that needs to be said about his "opinion." [It is unlikely to be published in this form, to be sure. It is almost hilariously wrong on the law, throughout in truth. Almost -- except that it threatens. . . us all.]

I am honestly too discouraged to blog on space or any topic really, today -- taking a long cold bike ride by the lake waters. Out.

No new graphics. [Nope -- just the archived one, from the last time this dance was done -- at the Supremes.]

And. . . I won't link it. It is not positive law, in any sense. [If you want to read it, go to scotusblog.com. It is there.]

No matter what, I would ask for calm -- around the steps of the high court tonight, and tomorrow. And thereafter.

It seems there is what looks to be an authentic first draft of an Alito majority opinion to overrule Roe circulating tonight.

If genuine, and all indications are that it is genuine, this is a breach of security unseen in 150 years.

I will refrain from additional comment, as even votes occasionally change, and certainly language does, from draft to draft. I think it unlikely that this opinion is issued, formally tomorrow. But I concede that is possible.

नमस्ते

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