Inner workings of the conservative-leaning Supreme Court laid bare for all to see

[ck4829]

Is it with great debates?
By poring over massive books and tomes of law?
By citing previous laws and records?

You'd think, right? But no.

In case you needed any further proof that the modern anti-abortion movement is an outgrowth of many centuries of virulent misogyny and violence against women, Justice Samuel Alito’s leaked opinion draft striking down Roe v. Wade relies heavily on a 17th century English jurist who had two women executed for “witchcraft,” wrote in defense of marital rape, and believed capital punishment should extend to kids as young as 14.

“Two treatises by Sir Matthew Hale,” Alito wrote in his argument to end legal abortion across America, “described abortion of a quick child who died in the womb as a ‘great crime’ and a ‘great misprision.’ See M. Hale, Pleas of the Crown.”

https://jezebel.com/supreme-court-roe-v-wade-draft-cites-sir-matthew-hale-1848872890

And how did this Sir Matthew Hale decide cases? What evidence did he use to enforce and interpret the law?

*chuckles*

Well...

Spectral evidence is a form of evidence based on dreams and visions. It was witness testimony that a person’s spirit or specter appeared to the witness in a dream or vision and afflicted them.

In English tradition, spectral evidence was not accepted as evidence in a witchcraft trial, according to an article on the Massachusetts Trial Court Law Libraries blog:

“In the English tradition, although the rules of evidence were vague, legal experts insisted on clear and ‘convincing’ proof of a crime…So-called ‘spectral evidence,’ in which a victim testifies to experiencing an attack by a witch in spirit form, invisible to everyone else, was not accepted as evidence.”

Yet, in 1662, Sir Matthew Hale solidified the legal credibility of spectral evidence in witchcraft cases by allowing it in the Bury St. Edmund case in England, thus setting a precedent to be used at Salem in 1692.

https://historyofmassachusetts.org/spectral-evidence/

"Falling into a fit" while testifying against a person counted as evidence for the accused's witchcraft in Hale's court.

https://www.google.com/books/edition/Languages_of_Witchcraft/0VFdDwAAQBAJ?hl=en&gbpv=1&dq=matthew+hale+spectral+evidence&pg=PA70&printsec=frontcover

If this is how the conservative-leaning Supreme Court wants to interpret cases, the SCOTUS might as well decide to get blindfolded and throw darts at boxes containing random legal decisions or decide cases based on the plaintiff and the defendant arm-wrestling each other and who wins.

Those two things would be improvements!

[cilla4progress]

1. Back to

the Dark Ages!

[ck4829]

3. If they want to do that, they need to give up Twitter, antibiotics, and indoor plumbing

[empedocles]

2. Great context ck.

[ck4829]

6. Thank you

[Dawson Leery]

4. The conservative only preserves their status at the expense of all others.

Rules do not apply they, as they are the gatekeepers of power.

[ck4829]

5. Very true

[Dawson Leery]

8. Kings/Queens/Popes/Dictators are all of the same dirty cloth.

[hatrack]

7. A preview from our judicial future . . .

Last edited Tue May 3, 2022, 09:10 PM - Edit history (1)