Drudge Retort: The Other Side of the News
Wednesday, May 04, 2022

Adam Serwer: If the conservative justice's draft opinion is adopted by the Court, key advances of the past hundred years could be rolled back.



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If you are an American with a young daughter, she will grow up in a world without the right to choose when and where she gives birth, and in which nothing restrains a state from declaring her womb its property, with all the invasive authorities that implies.

That is the significance of the draft Supreme Court opinion leaked to Politico, which shows that the right-wing majority on the Court intends to discard Roe v. Wade and Planned Parenthood v. Casey, landmark precedents guaranteeing the constitutional right to abortion. The justices can change their minds before judgments are issued, but their opinions are drafted after they've taken an initial vote on the cases themselves. The draft likely reflects the direction of the final decision, even if the scope of that decision changes.

The draft, written by Justice Samuel Alito, is sweeping and radical. There is no need to dwell too long on its legal logic; there are no magic words that the authors of prior opinions might have used in their own decisions that could have preserved the right to an abortion in the face of a decisive right-wing majority on the Court. The opinion itself reads like a fancy press release from a particularly loyal member of the GOP Senate caucus. Alito's writing reflects the current tone of right-wing discourse: grandiose and contemptuous, disingenuous and self-contradictory, with the necessary undertone of self-pity as justification. Alito, like the five other conservative justices, was placed on the Court by the conservative legal movement for the purpose of someday handing down this decision. These justices are doing what they were put there to do.

#1 | Posted by Gal_Tuesday at 2022-05-04 01:02 PM | Reply | Newsworthy 6

This is another move backwards to the mythical, "Good Old Days".

When women were barefoot, pregnant, education-free, and vote-less; second class citizens in a not so brave new world.

The good ol' days when men were men and sheep were scared ....less. When black folk decorated the trees, Injuns got free blankets, and the Gilded Agers were Kings!

Sounds great to the Trumpers.

#2 | Posted by Corky at 2022-05-04 01:24 PM | Reply | Newsworthy 2

There'll have to a political system in the United States that mimics the old South African Afrikaner regime. The emphasis will be on internal repression while a hated minority calls the shots.

I don't understand why You People want to put us all through that Hell. But here we are.

#3 | Posted by Zed at 2022-05-04 01:58 PM | Reply

The GOP wants to go back to a past in America that they are nostalgic for:

Alito and Public Opinion Reveal the Link Between Roe and a Broader White Christian Nationalist Agenda

Attitudes on abortion are strongly correlated with a worldview that denies systemic racism and pines for a 1950s America.

In short, Alito's opinion, which looks likely to become the majority opinion of the U.S. Supreme Court, is the legal equivalent of a time machine that threatens to transport American jurisprudence back to the 1950s. It is part of a gambit"seen in attacks on LGBTQ rights, immigrants, the separation of church and state, and critical race theory"to hold onto a particular conservative vision of white Christian America and impose it upon a more religiously and racially diverse nation that is increasingly supportive of this set of rights grounded in a Constitutional right to privacy.

#4 | Posted by Gal_Tuesday at 2022-05-04 04:12 PM | Reply | Newsworthy 2

It's the Archie Bunker syndrome:

#5 | Posted by Gal_Tuesday at 2022-05-04 04:16 PM | Reply

"Alito and Public Opinion Reveal the Link Between Roe and a Broader White Christian Nationalist Agenda"

That shouldn't have to be "revealed" to anyone.
If you didn't know the Moral Majority preached a White Christian Nationalist agenda, you weren't paying attention.

#6 | Posted by snoofy at 2022-05-04 08:54 PM | Reply | Newsworthy 4

They'd better be careful what they wish for. That past they yearn to return to didn't really exist the way they think it did.

#7 | Posted by RJSquirrel at 2022-05-05 04:42 AM | Reply

It exists in the present.

Just look to the Middle East.

Today's republicans don't realize how much they are destroying this nation or what makes America great.

They're clueless.

#8 | Posted by ClownShack at 2022-05-05 04:50 AM | Reply


"Today's republicans don't realize how much they are destroying this nation or what makes America great."

Republicans will burn the whole country down . . . even if it means they'll only be King of the ashes.

#9 | Posted by Twinpac at 2022-05-05 06:25 AM | Reply

He literally cites a witch hunter from the 1600's in his
drafted opinion. Repeatedly...

I cannot but hate the Republican Party... everything about them is
retrograde, retarded, anti-education, anti-rights,
anti-freedom, anti-intellectual...

They would keep women barefoot and pregnant and in the kitchen,
they would keep blacks subservient in an Apartheid like regime,
they would strip both of the vote if they could,
they have busted most of the unions in this country,
they coddle and protect the richest amongst us,
giving them tax breaks, giving them perks,
voting for them, and their interests,
they attempted to overthrow the govt when they didn't get their way,
they vote pro-pollution,
they vote pro-war,
they vote anti-earth...

There is literally nothing redeemable about their party.

Only backwards thinking fecks love the GOP...

#10 | Posted by earthmuse at 2022-05-05 06:34 AM | Reply

Republicans will burn the whole country down . . . even if it means they'll only be King of the ashes.

#9 | Posted by Twinpac

Like Putin

#11 | Posted by AMERICANUNITY at 2022-05-05 06:37 AM | Reply | Newsworthy 1

It is all fine and good to point out that today's Republican Party, I am having trouble finding one word that describes their arrogant disregard for the rights and needs of fellow Americans, maybe, really, a fascist party? But don't forget that they are aligned with the most ancient of organizations that has worked for centuries to keep women in their place, as beasts of child bearing burden...the Catholic Church.
Politicians won't speak of it, for they are afraid of alienating the huge voter base of Catholics, but in truth, we are being "judged' by fanatics.

#12 | Posted by Hughmass at 2022-05-05 06:53 AM | Reply

That Alito made a special effort to state that his reasoning could only be used in the case of limiting abortion rights is a tell that he KNOWS his reasoning is flawed; that his reasoning represents his personal belief and not that of a jurist properly interpreting the constitution and the laws stemming from it.

Republicans suck. MAGA republicans suck even more.

#13 | Posted by FedUpWithPols at 2022-05-05 07:23 AM | Reply | Newsworthy 5

Giving the title more thought than it is worth... it would be a good thing to repeal the 20th century. Too much horror and destruction and world war. Lets take a mulligan. Certain mistakes we definitely can avoid. Building the Titanic. The Hindenburg. Nixon. Disco.

#14 | Posted by moder8 at 2022-05-05 12:55 PM | Reply

It's not only women losing the choice because with paternity testing being so precise now it is men as well... unless you are wealthy enough to buy one.

I can't wait for that one to sink in.

#15 | Posted by RightisTrite at 2022-05-05 01:07 PM | Reply

Paternity testing is no good if you kill the person who is pregnant. The GQP way, kill them if they get pregnant.

Or just threaten them to have an illegal abortion -

#16 | Posted by Enlightened at 2022-05-05 04:36 PM | Reply

Do y'all remembrt "freedom fries" and rge hatres of anyone opposed to Bush'a unnecessaey wae in Iraq? I remember the strong opinios and condemnation of wrotesters. Ihrsr are yje same motons who uoday are so vonvinced abortion is wrong. When really has that crowd of ignorany yahoos rvrt been ridht about anytging? But the Repob;ivan Party [s leyying yjis same group of stupid loud mouths dictate to the whole party.

#17 | Posted by danni at 2022-05-06 07:07 AM | Reply

We need to repeal Samuel Alito.

#18 | Posted by danni at 2022-05-06 07:11 AM | Reply

Alito's just a manifestation of the disease.

I'm sure everyone here already knows this or put this together, but the conservative judges that are about to take rights away from the people of America are all there because of Presidents that did not win the popular vote. We are being ruled by a minority (Like Zed said re: S. Africa under apartheid).

To make things worse, the GOP is giving the power to decide books, courses, curriculum, and even speech, to the lowest common denominators. The idea that school subjects, discussion, curriculum, etc., shouldn't be decided by experts and learned people is insane to me. The parent's right is send your kid to private school, or opt out of that one particular class and offer a substitute - of instance opt out of sex-ed, and take an extended health class. It's not to drag the entire school down the drain to protect your precious snowflake and your obviously weak beliefs.

I went out with a group of teachers for happy hour the other day and they said they are ripped apart. They went into this profession because they love kids and want to see them grow (despite being paid so poorly here), but the State of Florida has made it impossible. They're now advising those that are asking about teaching to find other options and not to go into teaching.

Sorry for the digression.

#19 | Posted by YAV at 2022-05-06 07:46 AM | Reply

A. H.
Roe v. Wade is based on the 'right to privacy.' If the majority opinion by SCOTUS suggests that the constitution does not protect the right to privacy... that affects a WHOLE lot of other decisions. Buckle up - this is the beginning of a lot of potential ugliness.
A thread.

Meyer v. Nebraska: This 1923 ruling allows families to decide for themselves if they want their children to learn a language other than English. This could open the door for racist states to try to outlaw learning their family's languages.

Skinner v Oklahoma: This 1942 ruling found that it's unconstitutional to forcibly sterilize people. The Roe ruling could open the door for criminals, disabled people or BIPOC folks to be forcibly sterilized.

Griswold v. Connecticut: Decided in 1965, this case protects the ability of married couples to buy contraceptives without government restriction. This isn't just about abortion. Next up, contraceptives.

Loving v. Virginia: This 1968 case, which threw out laws banning interracial marriages, was decided based on the right to privacy. If a state wanted to prohibit who people could marry -- there is no protection from that without a right to privacy.

Stanley v Georgia: This 1969 case found that there was a right to privacy around possession pornography. If a state wants to outlaw pornography or certain forms of adult pornography, it could do that without the right to privacy.

Lawrence v. Texas: Decided in 2003, the court used the Right to Privacy to determine that it's unconstitutional to punish people for committing ------. The Roe ruling could open the door for criminalizing homosexuality.

Obergefell v. Hodges: The 2015 opinion that legalized same sex marriage used the right to privacy and the equal protection clause to do so. This could open the door for a state to try to test same sex marriage laws.

#20 | Posted by ClownShack at 2022-05-06 12:40 PM | Reply

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