SCOTAL Itch

[Miss Shelby]

Originally Posted by beyelzu

As usual, of course, you’ve got fuckall substantive to say.

Thanks as always. And I’m sorry/ not sorry that your precious sacramental ruling was overturned

[ChuckF]

Ohio girl, 10, among patients going to Indiana to get abortion

Ten years old, pregnant, and using the correct pronouns. GOP trifecta.

Time for some interstate travel bans.

[Kamilah Hauptmann]

The Cruelty Is the Point - The Atlantic

[specious_reasons]

Our "Torches & Pitchforks" book club is thinking about doing the Supreme Court as the overall topic next year (2022 is banned books year). I already mentioned "Originalism as faith" as a possible book to read, because I want to read it now.

Any other recommendations?

[erimir]

Originally Posted by Miss Shelby

Thanks as always. And I’m sorry/ not sorry that your precious sacramental ruling was overturned

This is what you support

Originally Posted by ChuckF

Ohio girl, 10, among patients going to Indiana to get abortion

Haha, isn't it funny to have a bloody coat hanger as a profile pic. Like the kind that might've been used on a preteen rape victim back in the day!

Seems like you just came back to do this and post vaguely homophobic shit.

[viscousmemories]

Originally Posted by specious_reasons

Any other recommendations?

I think A People's History of the Supreme Court is good. I got it years ago and read a chunk of it, but it has been quite a long time since I picked it up.

[Kamilah Hauptmann]

Originally Posted by erimir

This is what you support

Haha, isn't it funny to have a bloody coat hanger as a profile pic. Like the kind that might've been used on a preteen rape victim back in the day!

Seems like you just came back to do this and post vaguely homophobic shit.

Just getting started.

[viscousmemories]

Wow, when I said I got that book "years ago" I didn't realize it was 16 yrs. ago.

Con Law Books - Freethought Forum

[Pyrrho]

Given the vacated precepts of privacy and due process, how soon will extramarital sex become illegal, and will Onanism become a felony or a misdemeanor?

[JoeP]

"For poor people", you forgot to add that part.

[Stephen Maturin]

Originally Posted by ChuckF

Ohio girl, 10, among patients going to Indiana to get abortion

The wingnut narrative that this probably didn't really happen is, to put it charitably, falling apart. This could go in the "media blows dead bears" thread too, since the reporter who wrote the story advises that she was the only reporter in the courtroom for the arraignment. To be fair, I'm sure the rest of the liberal () MSM were involved in a vitally important Cletus Safari at a diner down the street, asking pasty old racists for their views on gasoline prices.

[beyelzu]

A one-source story about a 10-year-old and an abortion goes viral - The Washington Post

Here Washington post’s fact check analysis cautions that the story might not be true.

It includes this

An abortion by a 10-year-old is pretty rare. The Columbus Dispatch reported that in 2020, 52 people under the age of 15 received an abortion in Ohio.

As a reason to doubt, something that happens every single week isn’t rare.

I generally like WaPo, but I didn’t care for the fact-check, also they have published a story that referenced the arrest but they haven’t updated the fact-check.

[Ensign Steve]

IGNORE ME

[Kamilah Hauptmann]

Originally Posted by Ensign Steve

IGNORE ME

Never.

[Stephen Maturin]

Originally Posted by beyelzu

I generally like WaPo, but I didn’t care for the fact-check, also they have published a story that referenced the arrest but they haven’t updated the fact-check.

I suspect one of the reasons Bezos doesn't get involved in Twitter fucknuttery as often as Space Karen is the fact that ol' Jeff owns the Post and can use that bastion of the liberal () MSM to advance fascism without ever opening his goddamn mouth.

[erimir]

We know:
Some children get raped
Girls can get pregnant during puberty
Some girls enter puberty very young

So we know it's possible for ten-year-old girls to get impregnated, and indeed there are documented cases of it.

We also know:
Ohio's law makes no exception for rape
While pregnancy for young girls would be called a "high risk" pregnancy, it isn't necessarily life-threatening

Therefore, a doctor would be taking a big risk to be criminally charged to perform it in Ohio (a risk some doctors would take, if traveling to Indiana and avoiding that risk hadn't been feasible).

So that this would happen in Ohio is not surprising at all.

Ok, so the timing is "convenient", except that Ohio is not the only state with laws like these. So the chances that at least ONE fucked up "forced birth for raped children" state would have a case like this are significantly higher.

Which is all to say, there was not much reason to doubt this story. And certainly any discussion of how it's not all confirmed should note that there's nothing implausible about a case like this happening! The timing of an event that happens regularly (at the national level) being bad for Republicans isn't evidence of a lie.

And hell, if it had been reported that such a case occurred in Washington State, and the child didn't need to travel out of state, who cares?! The law in Ohio would be the same and it would be valid for journalists to report it and for Democrats to bring it up as an example of an abortion that GOP laws ban.

Yeah it just hits a little harder when it actually happens, because too many dumbfucks can't understand a hypothetical. So they'd think, well that's horrible and all, but it's not like children can get raped in red states! Like, you know, dumbfucks.

[fragment]

So that "deeply rooted in this nation's history and traditions" bit is how they're going to embed Christianity in the legal system, right?

[Stephen Maturin]

Wednesday was a banner day in the U.S. Court of Appeals for the Eleventh Circuit. In Sistersong Women of Color Reproductive Justice Collective v. Georgia, the court upheld a Georgia law amending the statutory definition of "natural person" to "an unborn child" and prohibiting abortions after a fetal heartbeat is detected. The opinion's author is Judge William Pryor, who once described Roe as "worst abomination in the history of constitutional law" and was considered a frontrunner for the SCOTUS seat that opened up when Scalia ate it (that seat ended up going to Gorsuch). Pryor referred to the plaintiffs challenging the law as "abortionists" an impressive 21 times in the opinion.

In Otto v. City of Boca Raton, the court refused to grant a rehearing en banc of its 2020 ruling that city and county ordinances prohibiting licensed counselors from treating minors via "any counseling, practice or treatment performed with the goal of changing an individual's sexual orientation or gender identity, including, but not limited to, efforts to change behaviors, gender identity, or gender expression, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender or sex." The ordinances violate the First Amendment free speech rights of therapists, ya see.

In jurisdictions where the state supreme court is populated by bought-and-paid-for insurance industry hacks, plaintiffs personal injury lawyers generally try to avoid their state's high court. If that means not appealing adverse rulings in trial courts or intermediate appellate courts, so be it. Civil rights advocates are in that position now re: SCOTUS. That being the case, I reckon we can use this here thread as a garbage dump for lower federal court rulings as well as SCOTUS stuff.

[viscousmemories]

Frank Murphy came up in a book I'm reading and I feel like I should have heard of him before.

Frank Murphy - Wikipedia

[Stephen Maturin]

Murphy's dissent in Korematsu v. U.S. is great stuff. It was 1944, and IIRC that was the first time the word "racism" ever appeared in a SCOTUS opinion.

Felix Frankfurter couldn't stand Murphy, which is conclusive proof all by itself that Murphy was one of the good guys.

[LarsMac]

So, this may be looking pretty far ahead, but,
GOP nominee for Nevada gov. says he’ll fight US abortion ban | ABC27
So this must be about Sen Lindsay Graham's claim that the GOP wants to pass a national ban on abortions.
Now, If I remember correctly the Rethuglicans objection to R v W was that the feds should not be deciding health related issues on a national scale, at least, when they were related to abortions.

I can't wait to see how THIS turns out when it gets to SCOTUS.
The whole Supreme Court building could get swallowed up in a massive sinkhole.

[JoeP]

Originally Posted by LarsMac

I can't wait to see how THIS turns out when it gets to SCOTUS.
The whole Supreme Court building could get swallowed up in a massive sinkhole.

[viscousmemories]

Originally Posted by Stephen Maturin

Murphy's dissent in Korematsu v. U.S. is great stuff. It was 1944, and IIRC that was the first time the word "racism" ever appeared in a SCOTUS opinion.

Felix Frankfurter couldn't stand Murphy, which is conclusive proof all by itself that Murphy was one of the good guys.

This event was my introduction to his existence. (It came up in the book I'm currently reading (A History of America in Ten Strikes, by Erik Loomis.)

The United Automobile Workers engaged in an historic sit-down strike at General Motors' Flint plant. The Flint Sit-Down Strike was a turning point in national collective bargaining and labor policy. After 27 people were injured in a battle between the workers and the police, including 13 strikers with gunshot wounds, Murphy sent the National Guard to protect the workers, failed to follow a court order that requested him to expel the strikers, and refused to order the Guard's troops to suppress the strike. -wikipedia

[specious_reasons]

Remember Joe Kennedy, the Bremerton, WA coach who got SCOTUS to get his job back?

“He’s had the paperwork for his reinstatement since August 8th, and we haven’t gotten so much as a phone call,” says Karen Bevers, spokesperson for Bremerton schools.

The story of the praying Bremerton coach keeps getting more surreal

The coach, a leading light for how to act Christian in public, has gone on the right-wing grift circuit, and is too busy to come back.

It's also kind of weird for the school, because he as never fired - he didn't apply for the job when his contract ended:

“You can’t sue them for failing to rehire you if you didn’t apply,” one lawyer, Mercer Island’s Michael Tierney, argued during a lower court session. “The District didn’t get an application from him, had four positions to fill and filled them with people who had applied. It didn’t fail to rehire him.”

The Supreme Court simply ignored this inconvenient fact — along with a host of others. At one point during oral arguments, as a different school district attorney was saying the narrative that had been spun didn’t fit with the facts — that the coach’s prayers were neither silent nor solitary, nor was he fired — Justice Samuel Alito interrupted him, saying “I know that you want to make this very complicated.”

if the Supremes didn't want people questioning this court's legitimacy, maybe they should make decisions based on actual facts.

[Stephen Maturin]

I've never been a high school football coach, but you've gotta believe making bank on the wingnut welfare circuit beats the hell out of coaching high school football for a living.

-------------

This one is headed to SCOTUS for sure. About a year ago, Texas enacted legislation under which "[a] social media platform may not censor a user, a user’s expression, or a user’s ability to receive the expression of another person" based on viewpoints or representations of viewpoints. Prohibited "censor[ship]" includes "to block, ban, remove, deplatform, demonetize, de-boost, restrict, deny equal access or visibility to, or otherwise discriminate against expression." Assholes Persons with standing to invoke the statute include anyone who lives, does business, or shares/receives expressions" in Texas. The law applies to social media platforms with over 50 million users per month, your Facebooks, YooT00bz, and Tweetees.

A couple of trade associations representing the big social media platforms sued to enjoin enforcement of the law, and a federal trial court judge granted a preliminary injunction. Today a wingnutty panel (a Trump appointee, a Reagan appointee and a Shrub appointee) of the wingnutty U.S. Court of Appeals for the Fifth Circuit reversed, characterizing their holding as a rejection of "the idea that corporations have a freewheeling First Amendment right to censor what people say."

Expect assloads of Nazis, anti-vaxxers, QAnon crackheads, white supremacists, ex-presidents, etc. to start blabbering about their sharing and/or receiving of viewpoints in Texas.

There is a glimmer of hope here. When it first got the case, the Fifth Circuit issued an order staying the trial judge's injunction pending the outcome of the appeal. The plaintiffs asked SCOTUS to vacate the stay, which would leave the trial judge's preliminary injunction intact during the appeal. Surprisingly enough, the Court did indeed vacate the stay. That at least suggests that five justices don't think Texas has a reasonable likelihood of ultimately succeeding on the merits.