Friday, July 1, 2022

The first time the court has eliminated a right

Michigan COVID data website (which is here) confirms they switched their updates to Tuesdays. So the data I downloaded today is accurate as of June 28. After seven weeks of decline in new cases per day this past week shows only a small decline, from 1670 to 1652. It is too soon to tell whether this is a plateau or a pause in the decline. The deaths per day are rather consistent at mostly single digits for the past two weeks (when data has likely not been fully posted yet) and mostly in the teens for several weeks before then. I noted in my last post I had accumulated another 40 browser tabs while writing a long post that went up on Tuesday. Of course, several more tabs accumulated since then. So many of these will get a mention and a link and not much discussion. And not all of them are in this post. Today’s block of tabs is about the Supreme Court. The first link gives an indication how far behind I am. Joan McCarter of Daily Kos reported a week ago that the Supreme Court handed down a ruling overturning many state gun control laws. Clarence Thomas wrote the opinion. Alito rubbed salt in the wound by saying New York’s gun control laws didn’t stop the mass shooting in Buffalo. Breyer wrote the dissent saying there are significant problems of gun violence and the court just took away the ability of states to control it. As for all those similar laws in other states a belligerent gun rights community is ready to sue to overturn every one of them. The day that gun ruling dropped Leah McElrath tweeted:
SCOTUS issued a ruling striking down concealed carry regulations in advance of the abortion ruling. They know how incendiary the Dobbs ruling will be. They’ve put up barriers at the Court and increased their personal protections. But WE are to be subjected to increased danger.
A week ago McCarter reported the Supremes overturned Roe v. Wade, saying the 1973 ruling was wrongly decided and the constitution does not confer a right to an abortion. A lot of state bans will immediately go into effect. McElrath showed a short video from the morning of this decision showing police in riot gear on their way to protect the Supreme Court building. The Justices (injustices) know the ruling is unpopular. Mark Sumner of Kos listed states where abortion is now illegal and the states where it will be illegal in 30 days. This is the first time the court has eliminated a right. A big question is DC, where abortions are legal now, but it is Congress, not the city government, that gets to decide. All it takes for them to lose the ability to get an abortion is a Republican majority in Congress. In the decision Alito wrote their reasoning is only about abortion, nothing else. Laura Clawson of Kos reported Thomas wrote his own concurring decision and spelled it out. That reasoning that supported Roe v. Wade which they overturned, is the same reasoning that supports Griswold (a couple has a right to make decisions on contraception), Lawrence (people have a right to have sex with whoever they want, even if they’re of the same sex) and Obergefell (people have a right to marry who they want, even if they’re of the same sex). Conspicuously missing from the list is Loving (people have a right to marry, even if they have different skin colors – see Clarence and Ginni). Which means Thomas is telling states: Want to ban same-sex marriage, sodomy, and even contraception? Pass a bill, get it challenged all the way to us, and we’ll be glad to help you out. Send us a case – please! Shortly after the ruling Biden gave a speech. Sumner summarized it by writing:
Honestly, the failure to take some action beyond declaring that the White House will help protect women’s right to travel to other states and to obtain medication through the mail is a huge disappointment. They’ve had weeks to prepare for this moment … there should have been a more powerful response. And there should have been a threat—to expand the Court or take other action that would confound the ruling. As it is, it’s way too easy to view this speech as throwing up his hands and saying “take it up with Congress.”
As for Congress, who also knew this day was coming, Walter Einenkel of Kos, reported about three dozen House Democrats stood on the steps of the House and sang “God Bless America.” As for the decision, they say they’re not pleased, but don’t say what they’re going to do. Which is like giving a high five to a drowning person. Hunter of Kos discussed how we got to this point. He quoted tweets from Celeste Headlee showing all of the conservative justices but Thomas lied during confirmation hearings when asked about Roe v. Wade being settled precedent. Also, they’re lying was well known. Including known by the senators who trusted the accuracy of these statements and voted for them. Sherrilyn Ifill, a civil rights lawyer and president emeritus of the NAACP legal defense fund, tweeted:
Every time I re-read it I’m newly aghast. What an absolute embarrassment and betrayal of principle in judicial decisionmaking. The idea that our rights in a democracy are fixed at where they would have been in 1789 or 1868 is morally bankrupt & legally unsupportable. The majority opinions in Bruen & Dobbs make clear: logic, consistency, real-world consequences, reliance, stare decisis, modesty, discipline, historical context, guidance to lower courts, adherence to letter & spirit, will not characterize the jurisprudence of the Alito-Thomas court.
Rep. Shontel Brown of Ohio tweeted:
Let me get this straight: The Supreme Court says states cannot decide how to regulate guns – yet only the states can decide how to regulate a woman’s body.
Karen Hunter tweeted:
Please do not let anyone drag you into a conversation around abortions w/ this #RoevWade decision. It was NEVER about abortion. It's ALL about rights and who gets to have them in America. Don't fall for the okie doke...
Erin Ryan tweeted:
Damn girl is that a concealed handgun in your waistband or are you just being forced by the state to carry an unplanned pregnancy to term?
Rebecca Entel tweeted:
What will kill you first in the US? Guns, not being able to afford healthcare, climate change, low covid vaccination rate, domestic white male terrorists, poverty, childbirth? It’s like Russian roulette without the empty chamber.
Aysha Qamar of Kos reported the last remaining abortion clinic in North Dakota, located in Fargo, set up a GoFundMe account to raise money to move across the river into Minnesota. Their goal was $20,000. They raised more than a half million. Early this week McCarter reported the Supremes issued a decision saying a football coach was doing nothing wrong by conducting prayers at the 50 yard line after football games. Part of the majority reasoning was that prayers were quietly offered while students were otherwise occupied. Sotomayor, in her dissent, included some factchecking photos. No, the students were not otherwise occupied. They were out on the field with the coach. That coach consistently invited others to join. And his prayers were demonstrative – he was making a scene for the purpose of getting a case before the Supremes. And he succeeded. McCarter quoted a tweet by Qasim Rashid:
SCOTUS just ruled 6-3 that public school teachers and other staff can now lead students in prayer. If any public school teacher wants to learn the Islamic call to prayer, i.e. the Adhaan, let me know.
While Biden was on a diplomatic trip this week for NATO and G7 meetings Hunter report that allies are feeling skittish. They can’t be sure the US will be a reliable partner – or even a democracy – when Biden’s term expires. These other countries are watching the Supremes overturn centuries of international jurisprudence, rulings that clamp down on human rights and reinforce paramilitary groups. And Biden can offer no proof that things will turn out fine. Especially since he offers no plan to make sure they stay fine. And if he is telling world leaders he has such a plan why isn’t he telling us? Hunter also wrote about privacy and big tech. He warns that a person’s phone can be searched for evidence they had an abortion. Such things as searching for abortion clinics in another state. Hunter provides links on how to protect yourself. Dartagnan of the Kos community also offered advice. Bill in Portland, Maine, in his Cheers and Jeers column for Kos, quoted some late night commentary:
After Roe v. Wade got overturned some pro-lifers have been posting pictures of themselves holding up signs like this, that say “Please don’t abort…we will adopt your baby.” There is some other fine print though. It says offer not valid if baby is black, brown, gay or already out of the womb. —Jimmy Kimmel Live guest host Chelsea Handler

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