U.S. Supreme Court Oral Argument
Dobbs v. Jackson - Abortion Law Case
Kavanaugh goes back to thread about how the anti-abortion movement is arguing the Constitution is "neutral" on abortion so SCOTUS should be too. Rikelman responds the Constitution is not neutral on the right to liberty, and what states want is to "take control" of women's bodies— Zoe Tillman (@ZoeTillman) December 1, 2021
Alito, invoking Plessy v. Ferguson, asks a series of questions of SG Elizabeth Prelogar about when the court can reverse precedent solely because it was just "egregiously wrong," even if nothing else has changed in the interim
Prelogar notes that when SCOTUS reversed Plessy, it addressed the realization that the factual predicate underlying Plessy — the idea that "separate by equal" wouldn't somehow create a badge of inferiority — was wrong
Roberts back to asking why pushing back the viability line isn't okay, and whether the reliance interests Prelogar is talking about still apply if it's not a total prohibition on abortion. He says he doesn't see what viability has to do with the question of choice.
Prelogar says there was a logical/biological justification for viability as the line, Roberts says she's just giving a definition of viability and not explaining why it's a good standard. Prelogar says it goes to question of fetal separateness, and has historical roots
Thomas knows that at 15 weeks, the child has a heartbeat. He's laying the trap for them to walk right into. Brilliant.— Jack Posobiec ✝️ (@JackPosobiec) December 1, 2021
BASED CLARENCE THOMAS JUST BROUGHT UP BODILY AUTONOMY
See this is where arguments for anti-vax mandates (my body my choice) and abortion rights (my body my choice) can get conflated.— Coal Miner's Son (@former_timeline) December 1, 2021
And Thomas is smart enough to know that. He's tying them in knots up there https://t.co/WhucsvgDqF— Jack Posobiec ✝️ (@JackPosobiec) December 1, 2021
Thomas is taking a felling axe to their argument and he's just getting warmed up
Justice Thomas: Does a mother have a right to ingest drugs and harm a previable baby? Can the state bring child neglect charges against the mother?
Pro-abortion attorney Rikelman: That's not what this case is about, but a woman has a right to make choices about her body.
Abortion Lawyer is arguing that it is more dangerous for women to give birth than to get an abortion!
Thomas is drilling down
"What is the constitutional right to abortion?"
Thomas is reeling them in now
He's asking them to tell him where any of this is written in the Constitution
Abortion Beckys are flailing about
They know there is no textual basis for Roe v Wade
Justice Thomas has been waiting for years for this moment.
Clarence Thomas' entire life has led up to this moment
This is what he was put on this Earth to do
Justice Thomas: "If we were talking about the second amendment, I know what we're talking about. Because it's written, it's there. What specifically is the right here [to abortion] that we're talking about?" pic.twitter.com/0JEPecy40z— Greg Price (@greg_price11) December 1, 2021
Thomas knows that at 15 weeks, the child has a heartbeat. He's laying the trap for them to walk right into. Brilliant.
These lawyers are arguing that Roe v Wade is some long-standing building block of the United States when every justice on the court is older than Roe v Wade
The Left argues that the 2nd Amendment shouldn't apply to modern weapons but also argues that abortion law shouldn't take modern science into account
JUSTICE SOTOMAYOR: Evidence of fetal pain is not proof of life— Breaking911 (@Breaking911) December 1, 2021
Neither Sotomayor nor Kagan have children. All the other justices do.
Great summaries—thank you, LG!