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Wounded Bear

(58,656 posts)
Wed May 11, 2022, 09:36 AM May 2022

I suspect we'll get a watered down ruling on Roe v Wade...

one that weakens it, but doesn't fully overturn. There is probably some scrambling going on behind the scenes because of the shit storm they've raised with the leak. I think the "leak" was a trial balloon to test the waters and they should be seeing what an overreach it would be to just overturn it. With another Pussy Hat march in the works for this weekend, there will be more publicity they won't be able to suppress. If Schumer gets his vote this week every Senator will have to weigh in on the issue. That should be good election cycle fodder. Hopefully, our social media warriors are mobilized for the duration.

The repubs can't afford to lose this election cycle, so they want to tone down the RvW talk before the mid-terms and keep it on gas prices. Dems need to emphasize both, the attacks on women's rights and the fact that repubs don't have any answers on the economy, they just want to blame Pres Biden and the Dems. For one thing, Dems should run hard on reinstating the Expanded Child Tax Credit. They should also hammer that gas prices are being artificially held high by the gas companies. Nobody likes them either.

Just my 2 cents.

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I suspect we'll get a watered down ruling on Roe v Wade... (Original Post) Wounded Bear May 2022 OP
Same, majority republicans don't favor ban on abortion. MAGA has stepped in it uponit7771 May 2022 #1
Leave it up to the states . ..... Lovie777 May 2022 #2
This would overturn Roe V Wade LeftInTX May 2022 #6
Just like slavery was "up to the states" for a long time? SharonAnn May 2022 #18
+1 Meadowoak May 2022 #47
This message was self-deleted by its author SharonAnn May 2022 #22
Leave it Rebl2 May 2022 #24
This message was self-deleted by its author Chin music May 2022 #52
Why live in a Red state? Polybius May 2022 #55
But the GOP has gerrymandered many states Diamond_Dog May 2022 #34
So it goes back to the state level? Suggested strategy. Norton Nork May 2022 #3
The final outcome will never be "abortion rights everywhere" if it goes back to the states. intheflow May 2022 #7
Is this gaslighting?? 58Sunliner May 2022 #51
Forget what I said before. This just in. Norton Nork May 2022 #68
This message was self-deleted by its author LeftInTX May 2022 #4
This was in Breaking News: LeftInTX May 2022 #5
I'm hoping that too. Can't imagine the final decision as medival as Alito's draft BS. Hoyt May 2022 #8
I have always thought the GOP would never want to give up their best wedge issue. Emile May 2022 #9
But the crazies have been running the asylum for a while now...nt Wounded Bear May 2022 #14
Would be interesting to hear what Darth alito has to say in conference empedocles May 2022 #10
I want to know who the leaker is before I decide. Baitball Blogger May 2022 #11
I really don't care who, though I suspect it was a rightie, not a leftie who did it... Wounded Bear May 2022 #16
I don't think they can...I mean they can but ... Buckeyeblue May 2022 #12
Older laws in Texas prohibited abortion after 20 weeks LeftInTX May 2022 #30
So really they would be punting on viability Buckeyeblue May 2022 #62
That's certainly possible, but we should not decrease our vigilance, nor MineralMan May 2022 #13
Agreed. We should in no way reduce vigilance and activism on women's rights... Wounded Bear May 2022 #15
My gut said a pro-choice person leaked it for this reason 867-5309. May 2022 #17
Possible, for sure, but I like my RW leak as a trial balloon theory, too... Wounded Bear May 2022 #20
That's a hot debate, but why would a pro-choice person go to the trouble. plimsoll May 2022 #43
They created a Frankenstein and have lost control. Phoenix61 May 2022 #19
Indeed! nt Wounded Bear May 2022 #21
This message was self-deleted by its author Chin music May 2022 #23
Rule 39: "There is no such thing as coincidence." Wounded Bear May 2022 #25
This message was self-deleted by its author Chin music May 2022 #27
Oh..... and I forget, are they still invading the Ukraine? jaxexpat May 2022 #46
This message was self-deleted by its author Chin music May 2022 #48
Those are old mob hits. They're going to find a lot more bodies. gldstwmn May 2022 #67
Alito is worse than Clarence Thomas, gab13by13 May 2022 #26
No argument here... Wounded Bear May 2022 #28
Alito's Overreach will be the Beginning of the End of the Movement Conservative's attempted Coup. Tommymac May 2022 #39
Thomas and Alito are equally awful but in different ways. gldstwmn May 2022 #66
I tend to agree with your assessment on every point. msfiddlestix May 2022 #29
The court will do what Leonard Leo tells it to do. gab13by13 May 2022 #31
OTOH, zealots be zealots hvn_nbr_2 May 2022 #32
IMO what needs to happen is for Biden to fire Wray bc only by doing that are we going to in2herbs May 2022 #33
When people tell you who they are, believe them. Scrivener7 May 2022 #35
Not a chance in hell. BannonsLiver May 2022 #36
K&R for Great Advice nt Tommymac May 2022 #37
No way Stargleamer May 2022 #38
Wow. You really are positive about Democrats. Tommymac May 2022 #40
Nope, just understand the efficacy of antivoter laws and measures, that's not negative that's just.. uponit7771 May 2022 #41
K&R n/t Cheezoholic May 2022 #54
Ditto-ish. elleng May 2022 #42
Recommended. H2O Man May 2022 #44
I think it's part of an observable, 50 year pattern Torchlight May 2022 #45
Pussy Hat march? Uhmm... 58Sunliner May 2022 #49
Nope Andy Canuck May 2022 #50
I agree that the leak was to test the waters. Baked Potato May 2022 #53
Not just that gas prices are being gouged Cheezoholic May 2022 #56
Now, I think they will over turn Tickle May 2022 #57
Alito's draft opinion overturning Roe is still the only one circulated inside Supreme Court LetMyPeopleVote May 2022 #58
While the OP is a bit preachy... CrackityJones75 May 2022 #59
I don't think they will water it down Bettie May 2022 #60
The watered-down approach is what Roberts wanted Algernon Moncrieff May 2022 #61
There will be no watering down or compromising. Patterson May 2022 #63
Why haven't the liberal justices circulated dissent? Bluesaph May 2022 #64
They're not going to water it down. This is what their dark money backers have paid for. gldstwmn May 2022 #65

uponit7771

(90,339 posts)
1. Same, majority republicans don't favor ban on abortion. MAGA has stepped in it
Wed May 11, 2022, 09:39 AM
May 2022

.. and Alito's opinion if taken into law opens up too many bags of worms for the country.

Lovie777

(12,262 posts)
2. Leave it up to the states . .....
Wed May 11, 2022, 09:45 AM
May 2022

The GQP has been screaming state rights for decades.

Roe should remain intact, and now the GQP are going after birth control, morning after bill, miscarriages, tubular pregnancy, rape and incest forcing women to have babies.

And to boot, harvesting babies for GAWD knows what.

Response to Lovie777 (Reply #2)

Rebl2

(13,507 posts)
24. Leave it
Wed May 11, 2022, 10:30 AM
May 2022

up to the states and in many red, if not all red states, it gets banned. Roe needs to remain the law.

Response to Rebl2 (Reply #24)

Diamond_Dog

(31,999 posts)
34. But the GOP has gerrymandered many states
Wed May 11, 2022, 11:06 AM
May 2022

like mine (Ohio)

The will of the people is not taken seriously here. Our Repuke legislature has already put a trigger law into place even though poll after poll shows that Ohioans favor leaving Roe alone.

 

Norton Nork

(33 posts)
3. So it goes back to the state level? Suggested strategy.
Wed May 11, 2022, 09:46 AM
May 2022

On the one hand, many states (such as Illinois where I live) will still be OK.
And most states are (for now) sort of OK.

As long as the final outcome is abortion rights everywhere ...

Serious boycotts work.

Instead of stuff like the "sex strike" that only provokes ridicule, why not implement state level boycotts?
It's already been done to good effect on other issues.

intheflow

(28,473 posts)
7. The final outcome will never be "abortion rights everywhere" if it goes back to the states.
Wed May 11, 2022, 09:55 AM
May 2022

Hell, we don't even have abortion rights everywhere under Roe, as many, many poor women haven't been able to access abortions in states that have bullied abortion providers to close up shop and leave. Agreed, though, that a sex strike wouldn't work - or would only work if we could get the Justices' spouses on board.

Response to Wounded Bear (Original post)

LeftInTX

(25,336 posts)
5. This was in Breaking News:
Wed May 11, 2022, 09:48 AM
May 2022

The Supreme Court is set to gather Thursday for the first time since the disclosure that it voted to overturn Roe v. Wade, and there’s no sign that the court is changing course from issuing that ruling by the end of June.

Justice Samuel Alito’s sweeping and blunt draft majority opinion from February overturning Roe remains the court’s only circulated draft in the pending Mississippi abortion case, POLITICO has learned, and none of the conservative justices who initially sided with Alito have to date switched their votes. No dissenting draft opinions have circulated from any justice, including the three liberals.

That could explain why no second draft of Alito’s majority opinion has been distributed, as typically the two sides react to one another’s written arguments and recast their own.

As the nine justices prepare for their scheduled, private, closed-door conference this week, they face one of the greatest crises in modern Supreme Court history, with an internal leak investigation under way, an agitated nation focused on whether the constitutional right to abortion is about to be overturned, and some justices facing angry protests at their homes.
https://www.politico.com/news/2022/05/11/alito-abortion-draft-opinion-roe-00031648


There has obviously been another "leak" or as I refer to this: "the latest scoop"
 

Hoyt

(54,770 posts)
8. I'm hoping that too. Can't imagine the final decision as medival as Alito's draft BS.
Wed May 11, 2022, 09:58 AM
May 2022

Will take only one Justice to moderate their position.

Still want to see the Dissent(s), even if scartched out on the back of a napkin.

Emile

(22,742 posts)
9. I have always thought the GOP would never want to give up their best wedge issue.
Wed May 11, 2022, 10:01 AM
May 2022

Not so sure anymore.

Wounded Bear

(58,656 posts)
16. I really don't care who, though I suspect it was a rightie, not a leftie who did it...
Wed May 11, 2022, 10:20 AM
May 2022

to me it smells like a trial balloon of sorts to test public opinion and enthusiasm.

Buckeyeblue

(5,499 posts)
12. I don't think they can...I mean they can but ...
Wed May 11, 2022, 10:09 AM
May 2022

If the SC affirms Roe but changes the viability standard, the court will then be on record upholding Roe. I think that would tie the courts hands for future cases.

I think that opens up challenges to viability. The court can't stay 15 weeks is the new viability standard because there isn't science to support this. They can but I think such a decision is potentially more problematic than overturning Roe. Because a bunch of doctors are going to go public and say, no way is a fetus viable at 15 weeks. That will make the gang of 5 (possibly 6) look out of touch with science.

I wonder if the court kicks the case back out to the lower courts and says, you need to determine a standard for viability.

But the reality is that Alito's 18th century opinion will be probably be the one that prevails.

LeftInTX

(25,336 posts)
30. Older laws in Texas prohibited abortion after 20 weeks
Wed May 11, 2022, 10:39 AM
May 2022
Texas law allows you to have a surgical abortion up to 20 weeks (5 months) into your pregnancy, unless you have severe health problems or there is a fetal abnormality. Texas law measures pregnancy by gestational age, but most clinics measure by last menstrual period (LMP). Usually 20 weeks gestational age is about 22 weeks LMP, so some clinics in Texas offer abortions until 21.6 weeks LMP. The abortion pill, or medication abortion, is only available until about nine weeks into your pregnancy, and is not offered by all clinics. If you have not yet confirmed with a clinic how far along you are in your pregnancy, think back to the first day of your last normal menstrual period and count the number of weeks since that day to get an estimate of how far along you are. If you can’t remember, or if your last period was unusually light, you may need to get a sonogram to determine your gestation.https://janesdueprocess.org/pregnancy-resources/teen-pregnancy-abortion/time-before-abortion/


I don't think 20 weeks is "viability", but could be seen as whittling away. Maybe the state argued that abortions after that period were more "invasive" to the mother or something like that (I have no idea, just throwing that out there)

The supreme court could opin that 15 weeks allows ample time to prepare for and have an abortion. It won't change viability. They can accept all or part of the Mississippi law.

Buckeyeblue

(5,499 posts)
62. So really they would be punting on viability
Wed May 11, 2022, 03:04 PM
May 2022

In favor of the shorter time frame not imposing an undue burden? That's interesting.

MineralMan

(146,308 posts)
13. That's certainly possible, but we should not decrease our vigilance, nor
Wed May 11, 2022, 10:13 AM
May 2022

should we minimize the impact of even a somewhat watered-down ruling. The conservatives on the court want to effectively eliminate Roe. That's clear. They might tone down Alito's opinion, but will not give up on crippling Roe v. Wade.

We need to keep up the resistance, regardless!

Wounded Bear

(58,656 posts)
15. Agreed. We should in no way reduce vigilance and activism on women's rights...
Wed May 11, 2022, 10:18 AM
May 2022

in fact, like I said in my OP, we should actively run on it for a change, regardless of the SC decision.

 

867-5309.

(1,189 posts)
17. My gut said a pro-choice person leaked it for this reason
Wed May 11, 2022, 10:22 AM
May 2022

Hoping a firestorm would push them into watering it down. Remains to be seen if it worked.

plimsoll

(1,669 posts)
43. That's a hot debate, but why would a pro-choice person go to the trouble.
Wed May 11, 2022, 11:59 AM
May 2022

It's going to cause a storm. Letting it go forward later would have had a bigger impact on the election. At this point the rapist-procreation wing of the country will feel cheated if the ruling is watered down and motivate them to vote.

I suspect the forced birth party wanted to measure the animosity this would create. As a trial balloon it lets them say see we're serious, a withdraw would help them at the polls. The politicians probably suggested this and the designated leaker (Beer bong) could release it. Besides the WSJ had the gist a week earlier apparently.

Phoenix61

(17,006 posts)
19. They created a Frankenstein and have lost control.
Wed May 11, 2022, 10:26 AM
May 2022

I’m sure their are phone calls a galore but they put religious zealots on the court.

Response to Wounded Bear (Original post)

Wounded Bear

(58,656 posts)
25. Rule 39: "There is no such thing as coincidence."
Wed May 11, 2022, 10:31 AM
May 2022
https://ncis.fandom.com/wiki/Gibbs's_Rules

Any distraction in a storm. Hopefully the public hearings will open some eyes along with the women's rights issues.

Response to Wounded Bear (Reply #25)

jaxexpat

(6,828 posts)
46. Oh..... and I forget, are they still invading the Ukraine?
Wed May 11, 2022, 12:14 PM
May 2022

And is Joe still maintaining our "not quite WWIII" status while pretty soundly aiding and abetting the defeat of Trump's hero? I've been too busy fretting about the kamikaze GOP anti-abortion stuff and have lost track. Are you saying that the Jan. 1st thing still on? I thought it had been cancelled due to USSC and rumors and stuff. But good any way, I had been planning to watch it on the Tee Vee. But still, anything could happen to throw it all off. I mean there's still over 150 feet of water left in Lake Meade to evaporate. Might find old coins and stuff. I mean, the whole country runs off couch coin diving. It's like, in our DNA.

Response to jaxexpat (Reply #46)

gab13by13

(21,337 posts)
26. Alito is worse than Clarence Thomas,
Wed May 11, 2022, 10:33 AM
May 2022

Alito is pissed he wasn't named Chief justice. This will be a showdown between Alito (wannabe Chief justice) and Roberts (Chief Justice)

I don't see Alito backing down, he feels he was shafted by Roberts.

Tommymac

(7,263 posts)
39. Alito's Overreach will be the Beginning of the End of the Movement Conservative's attempted Coup.
Wed May 11, 2022, 11:28 AM
May 2022

Mark my words.

The summer of 2022 is going to rival 1968's Summer of Discontent.

The Fight to Save Our Democracy is not over, it has just begun - but Alito has handed the Righteous Sane Progressive Majority the ammunition it needs to take to the streets and make itself heard by the M$M.

And just wait until the 1/6 Public Hearings start.

And if Musk DOES get to run Twitter, TFG's comeback there is going to be a disaster for the Racists.

Buckle up and get your popcorn ready, it's going to be one hell of a ride.



#GOTV2022

gldstwmn

(4,575 posts)
66. Thomas and Alito are equally awful but in different ways.
Wed May 11, 2022, 04:59 PM
May 2022

Thomas is the weakest legal mind on the court while Alito is a hard right Catholic wing nut that feels his religion can play a part in his legal decisions.

msfiddlestix

(7,282 posts)
29. I tend to agree with your assessment on every point.
Wed May 11, 2022, 10:38 AM
May 2022

I'm glad the leak caused a shit storm and I'm happy Collins is once again "concerned". I wish voters understood what a damn corrupt lying hypocrite she always was and particularly wrt these asswipes were nominated and then helped to confirm.

I still wonder how it was she won reelection after those events.

It is what it is... we have to keep fighting this shit after all these years/decades and actually centuries.

hvn_nbr_2

(6,486 posts)
32. OTOH, zealots be zealots
Wed May 11, 2022, 10:46 AM
May 2022

That analysis kind of assumes rational, sane people acting rationally and sanely. However, the MAGAt Court's extremist activist judges are irrational insane zealots who are drunk (so to speak) on their power.

in2herbs

(2,945 posts)
33. IMO what needs to happen is for Biden to fire Wray bc only by doing that are we going to
Wed May 11, 2022, 10:56 AM
May 2022

get an investigation into Boofer as suggested by Sen Whitehouse. That will knock one off the court or at least neuter him. When that is taken care of investigate the others. And also expand the court.

Biden doesn't need a Senate majority to fire Wray and Wray is standing in our way.

Stargleamer

(1,989 posts)
38. No way
Wed May 11, 2022, 11:27 AM
May 2022

They know that their voter suppression efforts and gerrymandering allows them to weather any voter backlash and come out ahead. Also their bs about Biden either causing inflation or not doing enough to reduce it will sway gullible voters. So they can be as cruel as they want to be.

Tommymac

(7,263 posts)
40. Wow. You really are positive about Democrats.
Wed May 11, 2022, 11:33 AM
May 2022

What's up with the negative message?

WE Progressives are in the Driver's Seat. The Right is GOING to feel the Pain very very soon.

Their LIES are coming home to roost.

The TRUTH always wins out in the end.




uponit7771

(90,339 posts)
41. Nope, just understand the efficacy of antivoter laws and measures, that's not negative that's just..
Wed May 11, 2022, 11:41 AM
May 2022

Last edited Wed May 11, 2022, 12:35 PM - Edit history (1)

... facing reality.

Dems need brute Force (GOTv) plus 5% to win. I think that is the prevailing mindset of Democrats now.

We can do this if there is a proper stoke in a little stupidity provided us. With that. I think we can win this November and increase the number of progressive Senate Democrats and get shit done no doubt

Torchlight

(3,337 posts)
45. I think it's part of an observable, 50 year pattern
Wed May 11, 2022, 12:03 PM
May 2022

The GOP has been chipping away at these laws since day one. Little by little, they have been steadily move forward, they get pushed back, but still wind up gaining legislative ground. Every time.

Each time the tide comes in, it comes in a little further than the last time. Given patience and time, it's easier to engineer than a tidal wave.

Andy Canuck

(283 posts)
50. Nope
Wed May 11, 2022, 12:27 PM
May 2022

The QOP hasn’t manipulated and lied for 50 years to overturn RvW that protest from the majority will be taken into account. For the QOP ending abortion is the goal, no matter what, they will not flinch in the face of protest. They believe they are following god’s law and do not have to follow anything else. RvW is gone and now the hell begins.

Baked Potato

(7,733 posts)
53. I agree that the leak was to test the waters.
Wed May 11, 2022, 12:32 PM
May 2022

The leak at least blunted the effect it would have had as a J6 distraction. For that, I’m glad it happened.

Cheezoholic

(2,023 posts)
56. Not just that gas prices are being gouged
Wed May 11, 2022, 12:44 PM
May 2022

but really hammer home that TFG got the Saudi's to reduce production by 2M barrels a day when demand crashed during the pandemic in order to artificially inflate oil prices so big oil could maintain profits at our expense. And that Biden has been hammering the Saudis to go back to pre-pandemic production levels and they are refusing to do so.

Tickle

(2,520 posts)
57. Now, I think they will over turn
Wed May 11, 2022, 12:44 PM
May 2022

it because the polls aren’t changing. I’m I naïve enough to have thought that by today the polls would show repubs going down and going down big.
I seem to be wrong. I’m confused at the little reaction I’m seeing. They might as well give it to the states and put it behind them. If it was a repub who leaked this then then what? 🤔🤷?♀️🤷?♀️

LetMyPeopleVote

(145,242 posts)
58. Alito's draft opinion overturning Roe is still the only one circulated inside Supreme Court
Wed May 11, 2022, 01:33 PM
May 2022

I hope that you are right. The leaked opinion draft is evidently the only draft now and Roberts could get the votes for a weaker opinion




https://www.politico.com/news/2022/05/11/alito-abortion-draft-opinion-roe-00031648

The Supreme Court is set to gather Thursday for the first time since the disclosure that it voted to overturn Roe v. Wade, and there’s no sign that the court is changing course from issuing that ruling by the end of June.

Justice Samuel Alito’s sweeping and blunt draft majority opinion from February overturning Roe remains the court’s only circulated draft in the pending Mississippi abortion case, POLITICO has learned, and none of the conservative justices who initially sided with Alito have to date switched their votes. No dissenting draft opinions have circulated from any justice, including the three liberals.....

Roberts could still try to lobby one of the five Republican-appointed justices to withdraw their support from Alito and sign onto a more centrist opinion that doesn’t formally overturn Roe, but instead upholds Mississippi’s 15-week cut off for performing most abortions. Such a move would deprive Alito of a majority and could maintain some federal guarantee of abortion rights, although precisely what regulations states could impose on abortion under such a scenario remains murky......

“There does seem to be some bitterness among the other justices,” said Curt Levey, a conservative attorney and veteran of several Supreme Court confirmation battles. “There probably was a time when Roberts could’ve convinced one of the other conservative justices [in the pending abortion case.] He might well have succeeded in that a few years ago … Maybe this is the ultimate payback that in the most controversial of all cases and the biggest threat to the legitimacy of the court that he no longer has the persuasive power.”
 

CrackityJones75

(2,403 posts)
59. While the OP is a bit preachy...
Wed May 11, 2022, 01:40 PM
May 2022

While the OP is a bit preachy… if you cannot see the rather large amount of agitators and people that strive to push discord and tamp down enthusiasm…. You’ve never manages an online forum before. This place has plenty. But lots of forums do.

Bettie

(16,109 posts)
60. I don't think they will water it down
Wed May 11, 2022, 01:52 PM
May 2022

this is why they were installed. This was their first goalpost.

Next, they will get rid of the idea of a right to privacy altogether, by overturning Griswold, which will set the stage for overturning, Loving, Obergfell, and anything else they get a chance to.

They are untethered to anything and have lifetime appointments. They live in their little bubbles of wealth and privilege and they make bank giving speeches to organizations and individuals that bring cases before them.

Ultimately, they don't care if women die, because they want a "domestic supply of infants for adoption" (by rich white men and women).

Algernon Moncrieff

(5,790 posts)
61. The watered-down approach is what Roberts wanted
Wed May 11, 2022, 02:03 PM
May 2022

It's occurred to me that his "shop" may be responsible for the leak for just that reason. Cause a storm; show the court how bad this result will be; make instrumental dismantlement seem more reasonable.

Bluesaph

(703 posts)
64. Why haven't the liberal justices circulated dissent?
Wed May 11, 2022, 03:53 PM
May 2022

Possibly the Alito draft had not yet hit their desk.

I’m leaning toward this was a trial balloon.

gldstwmn

(4,575 posts)
65. They're not going to water it down. This is what their dark money backers have paid for.
Wed May 11, 2022, 04:57 PM
May 2022

They're going for broke. They're going to overturn it and TFG won't be held accountable for anything either.

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