I appreciate Bari’s piece on this--I think she is clearly pro-abortion, but takes the high road and tackles the bigger principle at stake. Despite the fact that I sense every shred of her person screaming silently to not overturn Roe, she addresses how this leak impacts the institution. To me she demonstrates a massive amount of integrity.
I think the issue with Roe is that it is bad law, even if it provides something considered good by some people. There is nothing in the Constitution that enshrines abortion as a right, but there is also nothing that denies it. But Roe has had people thinking wrongly about SCOTUS and the Constitution.
If you are pro-abortion then work within the bounds of the state where you live to pass the laws that you and your fellow citizens want. Or conversely if you are anti-abortion do the same in your state. That is the mechanism that exists.
I'm a lawyer and member of the Supreme Court Bar, and I can hardly describe how devastating this leak is to the integrity and legitimacy of the Court. Irrespective of the specific case at issue, this is a new low for our political and legal culture. What ever happened to honor?
People conflate 2 issues: (1) what should abortion policy be, and (2) who should decide abortion policy. I don’t think there is an intellectually honest answer to the second question other than that “the legislative branch of government should decide.” Once Roe v. Wade is overturned, each of us is free to go to the voting booth and vote our conscience. Since Roe was handed down, I have not had that freedom.
“ Here’s Bernie Sanders on Twitter last night: “Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.””
Sorry, Bernie, that’s not how this works. Considering this is a conversation about what the constitution ACTUALLY SAYS, let’s take a brief look into Article I.
Do you see anything in there giving congress the enumerated power to define a whether a surgical or medical procedure is legal in one of the many states? Oh, no? Yeah, me neither, since it’s not in there.
The fact of the matter is that the federal congress has no power to actually do this. It isn’t interstate commerce, so don’t try that either. It’s a single decision, between a patient and physician in a single state, and babies are not economic considerations for the law.
I’m pro-choice, but that doesn’t matter. Congress simply does not have the power to legislate this issue federally.
It is indeed a race to the bottom. I try not to allow myself to drift into conspiracy theories, but given the current state of the Democratic Party, it seems like too big of a coincidence that this happened. Someone is trying to be a hero to the party. This is a chilling event, suggesting that the country is destroying itself.
I am strongly pro-life and feel that if this holds that it will be not only a victory for the unborn but also for those women who have been victimized by the abortion industry. However, I think that all of us should agree that this breach is a sad testament to the society we live in and what we are becoming. It shouldn't have happened this way.
The capture of our major institutions by this cultish ideology, and the so-called grown-ups actively encouraging or enabling it, is a national disgrace. The principles and values they so readily sacrifice on the alter of partisan piety and as a function of fundamentalist adherence to sectarian identitarianism jeopardize the fabric of our Nation.
Comity, probity, and integrity used to be watch words by which our so-called elites governed their own behaviors and, to a large extent, the general populace. These have been supplanted with zealotry, bigotry, and sophistry that are leading us to a societal cul de sac with grave implications for our polity. When any means justify an end, and when the appropriateness and nobility of that end are predicated on poorly conceived and unfalsifiable premises, hell follows.
This truly is a time that tries our respective souls, and it remains to be seen if we can reclaim even the vestiges of what once made our Country great.
This Substack, among others, remains an example of thoughtful, well considered, nuanced, and reasoned exposition encouraging readers to challenge their biases and preconceived notions. It offers a glimmer of hope for our future (just as the corporate media strives always to rip it away!) and I will hold on to that hope as we continue our trudge forward in this campaign to reclaim reason.
Thank you, again, Bari. I respect you, your courage and your viewpoints - specifically because you come from the left of where I sit - a different camera angle which must be fairly considered for the sake of intellectual integrity. You sharpen and clarify, reminding me of the Jewish Proverb, "As iron sharpens iron, one man (or woman) sharpens another" (Proverbs 27:17). Keep up your very good work.
We have a faction of the country that has abandoned any interest in staying within the lanes, not just ethically, but legally, in order to achieve their ends. They have strong allies in media and the permanent government who amplifies their messages and distorts the percentage of the country that believes in their causes. The midterms can't come soon enough, nor can the '24 elections.
How stupid and short sighted this leak is. The decision would've been made public anyway in a month or so. What was to be gained here? Let's hope the leaker is found and fired/disbarred immediately. All the signs of a hoax or a fake, actually. Are we sure it is real?
The identity of the leaker is being bandied about online, and there is one prime suspect to be sure who I will not name, but the fact that the leaker was one of Sotomayor's clerks is an almost certainty. Sotomayor, who never understood that you could disagree with someone's politics and not hate them, and who is, by all accounts, the least liked and respected Justice among the nine for her contentiously Woke interactions with her colleagues.
Knowing what we know of how Jackson thinks, believes, and behaves, be prepared for more of these kind of Woke Leftist intimidation tactics moving forward. This won't be the last time.
This leak is the most depressing political event that I know of. As Bari and Turley put it, this means nothing -- no norm, no ethical constraint, no concept of discretion of any substance matters anymore. It is a bipartisan societal fall. It began before Trump, but the 2016-2020 presidency accelerated and intensified these trends. It all feels like a sudden fall from whatever sliver of grace we all hoped to share with one another regardless of our political and policy preferences. The most extreme people I know will now all feel emboldened to do the same or worse. It feels like all restraint is gone. This doesn't feel like democracy cracking up as has been so often talked about of late. No, this feels worse, like the foundations of our civilization are eroding before our eyes.
Their lives depend upon it? Whose lives Bari? Not the baby’s that’s for sure. Not black babies in NYC where more are aborted than born.
The left is racing us to the bottom. Period.
But not to worry. If a woman wants to abort her child, it’s still eminently doable. Oh you may have to travel to a neighboring state although I would bet most who want to get the abortions already live in a state where even infanticide is now allowed.
Perhaps planned UNparenthood should gin up classes on birth control PRE pregnancy. It’s safe, it’s easy and it’s cheap. But then, they couldn’t make the money from abortions or selling baby body parts. What to do, what to do.
Thank you Bari. You always make sense of things that don't make sense. I feel anger right now at the Left for not mentioning the violation of the breach, not even Biden. It bothers me so much. I just wish for my (former) side to be less hypocritical, less hysterical, and less like toddlers who need a nap. Can we not have a reasoned debate without it becoming mass hysteria?
I appreciate Bari’s piece on this--I think she is clearly pro-abortion, but takes the high road and tackles the bigger principle at stake. Despite the fact that I sense every shred of her person screaming silently to not overturn Roe, she addresses how this leak impacts the institution. To me she demonstrates a massive amount of integrity.
I think the issue with Roe is that it is bad law, even if it provides something considered good by some people. There is nothing in the Constitution that enshrines abortion as a right, but there is also nothing that denies it. But Roe has had people thinking wrongly about SCOTUS and the Constitution.
If you are pro-abortion then work within the bounds of the state where you live to pass the laws that you and your fellow citizens want. Or conversely if you are anti-abortion do the same in your state. That is the mechanism that exists.
I'm a lawyer and member of the Supreme Court Bar, and I can hardly describe how devastating this leak is to the integrity and legitimacy of the Court. Irrespective of the specific case at issue, this is a new low for our political and legal culture. What ever happened to honor?
People conflate 2 issues: (1) what should abortion policy be, and (2) who should decide abortion policy. I don’t think there is an intellectually honest answer to the second question other than that “the legislative branch of government should decide.” Once Roe v. Wade is overturned, each of us is free to go to the voting booth and vote our conscience. Since Roe was handed down, I have not had that freedom.
“ Here’s Bernie Sanders on Twitter last night: “Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.””
Sorry, Bernie, that’s not how this works. Considering this is a conversation about what the constitution ACTUALLY SAYS, let’s take a brief look into Article I.
Do you see anything in there giving congress the enumerated power to define a whether a surgical or medical procedure is legal in one of the many states? Oh, no? Yeah, me neither, since it’s not in there.
The fact of the matter is that the federal congress has no power to actually do this. It isn’t interstate commerce, so don’t try that either. It’s a single decision, between a patient and physician in a single state, and babies are not economic considerations for the law.
I’m pro-choice, but that doesn’t matter. Congress simply does not have the power to legislate this issue federally.
Ectopic pregnancy is ALWAYS a medical emergency and would never be part of any abortion legislation.
It is indeed a race to the bottom. I try not to allow myself to drift into conspiracy theories, but given the current state of the Democratic Party, it seems like too big of a coincidence that this happened. Someone is trying to be a hero to the party. This is a chilling event, suggesting that the country is destroying itself.
I am strongly pro-life and feel that if this holds that it will be not only a victory for the unborn but also for those women who have been victimized by the abortion industry. However, I think that all of us should agree that this breach is a sad testament to the society we live in and what we are becoming. It shouldn't have happened this way.
The capture of our major institutions by this cultish ideology, and the so-called grown-ups actively encouraging or enabling it, is a national disgrace. The principles and values they so readily sacrifice on the alter of partisan piety and as a function of fundamentalist adherence to sectarian identitarianism jeopardize the fabric of our Nation.
Comity, probity, and integrity used to be watch words by which our so-called elites governed their own behaviors and, to a large extent, the general populace. These have been supplanted with zealotry, bigotry, and sophistry that are leading us to a societal cul de sac with grave implications for our polity. When any means justify an end, and when the appropriateness and nobility of that end are predicated on poorly conceived and unfalsifiable premises, hell follows.
This truly is a time that tries our respective souls, and it remains to be seen if we can reclaim even the vestiges of what once made our Country great.
This Substack, among others, remains an example of thoughtful, well considered, nuanced, and reasoned exposition encouraging readers to challenge their biases and preconceived notions. It offers a glimmer of hope for our future (just as the corporate media strives always to rip it away!) and I will hold on to that hope as we continue our trudge forward in this campaign to reclaim reason.
Thank you, again, Bari. I respect you, your courage and your viewpoints - specifically because you come from the left of where I sit - a different camera angle which must be fairly considered for the sake of intellectual integrity. You sharpen and clarify, reminding me of the Jewish Proverb, "As iron sharpens iron, one man (or woman) sharpens another" (Proverbs 27:17). Keep up your very good work.
more fuel for the division of the country and lost faith in government institutions
We have a faction of the country that has abandoned any interest in staying within the lanes, not just ethically, but legally, in order to achieve their ends. They have strong allies in media and the permanent government who amplifies their messages and distorts the percentage of the country that believes in their causes. The midterms can't come soon enough, nor can the '24 elections.
How stupid and short sighted this leak is. The decision would've been made public anyway in a month or so. What was to be gained here? Let's hope the leaker is found and fired/disbarred immediately. All the signs of a hoax or a fake, actually. Are we sure it is real?
The identity of the leaker is being bandied about online, and there is one prime suspect to be sure who I will not name, but the fact that the leaker was one of Sotomayor's clerks is an almost certainty. Sotomayor, who never understood that you could disagree with someone's politics and not hate them, and who is, by all accounts, the least liked and respected Justice among the nine for her contentiously Woke interactions with her colleagues.
Knowing what we know of how Jackson thinks, believes, and behaves, be prepared for more of these kind of Woke Leftist intimidation tactics moving forward. This won't be the last time.
This leak is the most depressing political event that I know of. As Bari and Turley put it, this means nothing -- no norm, no ethical constraint, no concept of discretion of any substance matters anymore. It is a bipartisan societal fall. It began before Trump, but the 2016-2020 presidency accelerated and intensified these trends. It all feels like a sudden fall from whatever sliver of grace we all hoped to share with one another regardless of our political and policy preferences. The most extreme people I know will now all feel emboldened to do the same or worse. It feels like all restraint is gone. This doesn't feel like democracy cracking up as has been so often talked about of late. No, this feels worse, like the foundations of our civilization are eroding before our eyes.
Their lives depend upon it? Whose lives Bari? Not the baby’s that’s for sure. Not black babies in NYC where more are aborted than born.
The left is racing us to the bottom. Period.
But not to worry. If a woman wants to abort her child, it’s still eminently doable. Oh you may have to travel to a neighboring state although I would bet most who want to get the abortions already live in a state where even infanticide is now allowed.
Perhaps planned UNparenthood should gin up classes on birth control PRE pregnancy. It’s safe, it’s easy and it’s cheap. But then, they couldn’t make the money from abortions or selling baby body parts. What to do, what to do.
Thank you Bari. You always make sense of things that don't make sense. I feel anger right now at the Left for not mentioning the violation of the breach, not even Biden. It bothers me so much. I just wish for my (former) side to be less hypocritical, less hysterical, and less like toddlers who need a nap. Can we not have a reasoned debate without it becoming mass hysteria?