So who's voting for the position espoused in the leaked draft opinion? Sotomayor? Kagan? Breyer, on his way out the door, for his legacy? Can't be Gorsuch and Kavanaugh and Barrett! They said they'd never do such a thing!In which I respectfully disagree with those who believe Alito's draft Dobbs opinion will lead to reversing Obergefell (and a host of other 14th Amendment-based precedents). Why won't it? Because Alito explicitly said so. My latest in @TheAtlantic: https://t.co/pDp95Dbe61
— David French (@DavidAFrench) May 6, 2022
/2 In other words, considering the fetus as a factor seems disconnected from whether or not the right is deeply rooted in our history. They're two separate arguments. If you decide to give the interests of the fetus weight in the analysis, how does that translate to ....
— FindACrimeHat (@Popehat) May 6, 2022
And a reminder Roe was criticized for decades (and largely corrected/altered by Casey, which nobody mentions except Alito in his Dobbs opinion) for being poorly reasoned. Alito's "cure" (which is only a draft and may not be the final opinion at all) is worse than the disease./4 And since there's not, in my opinion, a clear analytical connection, what's to stop Alito from recognizing similar X factors in other situations? After all, he's already agreed with colleagues that recognizing gay marriage threatens the religious liberty of Americans.
— FindACrimeHat (@Popehat) May 6, 2022
The idea that any guarantees by any member of any Supreme Court is worth the wind it's expressed in is ludicrous. That's certainly been demonstrated by their lies during their confirmation and their subsequently doing exactly what everyone who pretended those weren't lies knew they were going to do. This is why unelected officials should not have the kind of power the Court has created for itself, which should never have been accepted by the political branches or The People. Unelected officials should not have powers of self-regulation.
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