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Drudge Retort: The Other Side of the News
Friday, May 13, 2022

Supreme Court Justice Samuel Alito wants you to think his decision to overturn Roe v. Wade is about restoring democracy. [His] nod to democratic decision-making, however, rings false. He and his fellow conservative justices removed barriers to partisan gerrymandering that limits the ability of the people to elect representatives who reflect their priorities. He also backed decisions that gutted crucial voting rights protections for minority communities. And, in dissents he has written or joined, he backed even greater limitations on the ability of the people to choose their representatives.

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In the 2019 Rucho v. Common Cause decision, Alito joined an opinion by Chief Justice John Roberts that closed the doors of federal courts to complaints of partisan gerrymandering. Alito also joined Roberts' 2013 decision in Shelby County v. Holder that gutted the Voting Rights Act's Section 5, which required states with a history of racial discrimination to get "preclearance" from the federal government for any changes to election laws and district maps.

As a result of these positions, Republicans at the state level have gained legislative majorities that greatly outpace their share of the popular vote statewide.

If it overturns Roe, the court will not be returning the issue of abortion to "the people" writ large. Since the court draws its own lines around who "the people" may be - the people who can actually access elected representation - Alito and the conservative supermajority, secured by the three justices appointed by a president elected by a minority of the people, would be returning it to a people of their own design.

I truly want to see the ABA along with legal think tanks and advocacy organizations challenge our current SCOTUS justices to constitutionally and historically support their anti-democratic leanings and rulings which are totally antithetical to the charge of the U.S. Constitution. Based on recent rulings, the conservative block undoubtedly is ruling from the reality that the "original intent" of the founders was to insure that white male landowners have control of all aspects of government regardless of what the citizens other than them may want or desire.

#1 | Posted by tonyroma at 2022-05-12 04:32 PM | Reply

As Dana Milbank explained in a column last week, the current court has "blessed partisan gerrymandering, giving Republicans representation in the House disproportionate to their share of the electorate. It has allowed elections to be decided by billionaires and corporations spending unlimited sums of untraceable money. It has kneecapped labor unions, co-signed voter-suppression schemes by Republican-run states and eviscerated the civil-rights-era Voting Rights Act, to disastrous effect for Black and brown voters."

Now, of course, those same justices are also poised to uproot the reproductive rights protections Americans have enjoyed for nearly a half-century.

The justices' extra-curricular activities don't help, either. Justice Samuel Alito, for example, has delivered a series of provocative speeches with an unmistakable political bent. Thomas recently attended a political event hosted by a conservative think tank, where he was celebrated by the Republicans' Senate leader.

www.msnbc.com

#2 | Posted by tonyroma at 2022-05-12 05:18 PM | Reply

Alito's Roe opinion is juvenile. He had a particular outcome in mind and reversed engineered the reasoning for it. Everyone knows it's stupid; everyone knows it ignores specific parts of the Constitution. Everyone knows it's going to cause trouble.

Everyone knows that Alito's friends and family will ignore it when they have to and because they can.

#3 | Posted by Zed at 2022-05-13 07:47 AM | Reply

We just need to face reality: Samuel Alito is the equivalent of Robert Bork ... fully hyped up on Red Bull.

#4 | Posted by tonyroma at 2022-05-13 08:01 AM | Reply

SCOTUS has lost any claim it once had to partiality, neutrality or independence.

I have as much respect for the Supreme Court now as I do for a warm bucket of spit.

Now I can only hope none of gets on me or my loved ones before I make my exit (stage left).

#5 | Posted by donnerboy at 2022-05-13 12:55 PM | Reply

Yeah return it to "THE PEOPLE" = the senate, where 400,000 religious morons in wyoming are given the power to cancel out 40 million educated californians and can impose a nationwide ban.

#6 | Posted by SpeakSoftly at 2022-05-13 12:58 PM | Reply

SCOTUS has lost any claim it once had to partiality, neutrality or independence.

I have as much respect for the Supreme Court now as I do for a warm bucket of spit.

Now I can only hope none of gets on me or my loved ones before I make my exit (stage left).

#5 | Posted by donnerboy

The SC is completely illegitimate and dems squandered their only chance to fix it that they'll ever have. Building roads and proving how they can work across the aisle with fascists was more important.

#7 | Posted by SpeakSoftly at 2022-05-13 12:59 PM | Reply

5 out of 9 "justices" are lying hypocritical quasi-religious fascists. You built that, America.

#8 | Posted by LegallyYourDead at 2022-05-13 12:59 PM | Reply

5 out of 9 "justices" are lying hypocritical quasi-religious fascists. You built that, America.

#8 | Posted by LegallyYourDead

plus they were appointed by presidents who got FEWER votes than their opponents.

#9 | Posted by SpeakSoftly at 2022-05-13 01:13 PM | Reply | Newsworthy 1

It is a false call and every honest person knows it. The GOP has always been about individual rights and keeping the government out of our private lives. Now, in the biggest and most intrusive way possible they want to strip all women of their right to self determination when it comes to their own bodies, and turn the power over to local 2 bit ideologically driven politicians. As bad as the garbage we have seen from the GOP over the past few decades, this might be the worst and most flagrant act of political hypocrisy in my lifetime. In fact, the only comparable hypocrisy was our Founding Fathers declaring that "All Men Are Created Equal" while simultaneously enshrining slavery for black people. It took a civil war to end that treachery. Maybe it will take another type of civil war to end this current type.

#10 | Posted by moder8 at 2022-05-13 01:43 PM | Reply

The people HAD abortion Alito, you Numbnutz!

You don't want an abortion, DONT FECKING GET ONE!

#11 | Posted by earthmuse at 2022-05-13 02:21 PM | Reply

NO, once again...this is about the GOP's incessant need
for CONTROL...

What do they want? To control EVERYTHING...
When do they want it? NOW...

#12 | Posted by earthmuse at 2022-05-13 02:22 PM | Reply

Maybe we could retroactively abort Alito. It is known as Impeachment.

#13 | Posted by moder8 at 2022-05-13 02:26 PM | Reply

The Catholic Church will not baptize a full term still born child that a mother gave birth to. Not only they won't baptize the baby they WILL NOT allow the baby to have a funeral mass. Reasons is the baby never took a breath. Tell me how the CC believes life begins a conception." Niticlips (@nitisac) May 12, 2022

#14 | Posted by qcp at 2022-05-13 02:31 PM | Reply

It's not just the Supreme Court, it's also every state where Republicans have gerrymandered the state's legislature to the point there is no longer a democracy of the voting majority, it's authoritarian rule by the voting minority - of Republicans.

So even though Democrats cast far more ballots in states like Wisconsin, they still lose to GOP minorities where 45% of the total vote translates to 55-65% of the seats. In other words, even in these GOP dominated states, the majority of voters' expressed desires on this issue are completely ignored by their elected representatives who enshrine and codify their own personally-held views instead.

James Madison anticipated and wrote about such schemes long ago in Federalist 10:

"The smaller the society the fewer probably will be the distinct parties and interests composing it; the fewer the distinct parties and interests, the more frequently will a majority be found of the same party; and the smaller the number of individuals composing a majority, and the smaller the compass within which they are placed, the more easily will they concert and execute their plans of oppression.

If you extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and act in unison with each other.

www.nytimes.com

There is no legitimacy in these opinions supposedly built upon the democratic processes of this Republic, just oppression of those whom the minority yearns to legally control again as they were able to before.

#15 | Posted by tonyroma at 2022-05-13 03:00 PM | Reply

The court lost any claim to legitimacy when it stopped the Floriduh recount and appointed Shrub President.

#16 | Posted by SomebodyElse at 2022-05-14 04:50 PM | Reply

The people at the state level, at least in a state republic like ours.

#17 | Posted by boaz at 2022-05-14 06:19 PM | Reply

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