Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

TomSlick

(11,126 posts)
Mon May 2, 2022, 11:19 PM May 2022

The leaked draft opinion does prove one thing. SCOTUS is just another political body.

Putting aside for the moment that released draft strongly suggests that a majority of the Court is prepared to overturn Roe, the draft opinion would not have been released without the OK from a justice - no mere law clerk would take such a step on their own. The only explanation I have is that some member(s) of the Court is hoping to use public opinion to effect the final decision.

My personal opinion - unencumbered by evidence - is that one of the conservative judges is trying to stiffen the resolve of the majority.

The citadel has fallen. Stare decisis is dead. SCOTUS is just another political body in black robes and life tenure.

12 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
The leaked draft opinion does prove one thing. SCOTUS is just another political body. (Original Post) TomSlick May 2022 OP
A proud branch of the Republican Party since 2000 dalton99a May 2022 #1
The mask is off. There is no pretext of the Court as an independent judicial body. TomSlick May 2022 #2
It's now "any way the wind blows" LastDemocratInSC May 2022 #12
Bush V. Gore was the end of the Court. kairos12 May 2022 #3
The Jackson attitude can go both ways. The oligarchs MarcA May 2022 #8
Since at least 2000. The Bush v. Gore ruling was, until now... dchill May 2022 #4
Now what. Understanding is the booby prize for the 51%. ancianita May 2022 #5
A political body who does not answer to anyone. Bev54 May 2022 #6
Hoping it's deliberating in public, at least over extend of ruling. But Hoyt May 2022 #7
Absolutely cilla4progress May 2022 #9
Hopefully canetoad May 2022 #10
This is more than abortion lapfog_1 May 2022 #11

TomSlick

(11,126 posts)
2. The mask is off. There is no pretext of the Court as an independent judicial body.
Mon May 2, 2022, 11:24 PM
May 2022

If stare decisis is so easily ignored, there is no pretext of a considered legal decision. This is only a naked political decision.

kairos12

(12,892 posts)
3. Bush V. Gore was the end of the Court.
Mon May 2, 2022, 11:29 PM
May 2022

I suggest States go the way of "so what" in response to Court rulings. Who cares what they say. They have no enforcement mechanism.

MarcA

(2,195 posts)
8. The Jackson attitude can go both ways. The oligarchs
Mon May 2, 2022, 11:41 PM
May 2022

would love having the "left" disregard the legitimacy of the government
like so much of the "right" already has. All the better to end the nation
and democracy to establish oligarchy. That said, the SCOTUS is about
as anti-democratic as an institution can be in a democracy, so supporting
Dems in the Federal and State governments is a worthy endeavor.

 

Hoyt

(54,770 posts)
7. Hoping it's deliberating in public, at least over extend of ruling. But
Mon May 2, 2022, 11:37 PM
May 2022

that’s probably just hoping final decision is not quite as unacceptable/deplorable as it appears now.

lapfog_1

(29,238 posts)
11. This is more than abortion
Tue May 3, 2022, 12:00 AM
May 2022

This is about the fundamental right to privacy.

Even more... it is about unenumerated rights.

Any right not in the Constitution is at risk.

We seem to be living in Episodes of the West Wing right now.

Today is from Season 1, Episode 9 "The Short List".

Starting at 25:04 where Bartlet reads the unsigned note written by their prospective SCOTUS Harrison, a closeted ultra conservative. Sam makes the telling argument at 31:10 after questioning the arrogant asshole (and continues at 34:10)

Latest Discussions»General Discussion»The leaked draft opinion ...