General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe leaked draft opinion does prove one thing. SCOTUS is just another political body.
Putting aside for the moment that released draft strongly suggests that a majority of the Court is prepared to overturn Roe, the draft opinion would not have been released without the OK from a justice - no mere law clerk would take such a step on their own. The only explanation I have is that some member(s) of the Court is hoping to use public opinion to effect the final decision.
My personal opinion - unencumbered by evidence - is that one of the conservative judges is trying to stiffen the resolve of the majority.
The citadel has fallen. Stare decisis is dead. SCOTUS is just another political body in black robes and life tenure.
dalton99a
(81,663 posts)TomSlick
(11,120 posts)If stare decisis is so easily ignored, there is no pretext of a considered legal decision. This is only a naked political decision.
LastDemocratInSC
(3,656 posts)kairos12
(12,892 posts)I suggest States go the way of "so what" in response to Court rulings. Who cares what they say. They have no enforcement mechanism.
MarcA
(2,195 posts)would love having the "left" disregard the legitimacy of the government
like so much of the "right" already has. All the better to end the nation
and democracy to establish oligarchy. That said, the SCOTUS is about
as anti-democratic as an institution can be in a democracy, so supporting
Dems in the Federal and State governments is a worthy endeavor.
dchill
(38,588 posts)...their peak millennium travesty.
ancianita
(36,200 posts)Bev54
(10,087 posts)Hoyt
(54,770 posts)thats probably just hoping final decision is not quite as unacceptable/deplorable as it appears now.
cilla4progress
(24,791 posts)There goes what was left of Roberts' reputation.
Failing upward.
canetoad
(17,202 posts)That was the case. A trial balloon -by either wing of the court.
lapfog_1
(29,238 posts)This is about the fundamental right to privacy.
Even more... it is about unenumerated rights.
Any right not in the Constitution is at risk.
We seem to be living in Episodes of the West Wing right now.
Today is from Season 1, Episode 9 "The Short List".
Starting at 25:04 where Bartlet reads the unsigned note written by their prospective SCOTUS Harrison, a closeted ultra conservative. Sam makes the telling argument at 31:10 after questioning the arrogant asshole (and continues at 34:10)