If the Supreme Court overturns Roe, who writes the decision?
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  If the Supreme Court overturns Roe, who writes the decision?
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Author Topic: If the Supreme Court overturns Roe, who writes the decision?  (Read 864 times)
Kingpoleon
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« on: December 05, 2020, 01:33:48 PM »
« edited: December 06, 2020, 03:43:42 PM by President Elect Biden!! »

I believe Thomas would get to choose, but I’m wondering who would write it.
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Battista Minola 1616
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« Reply #1 on: December 05, 2020, 01:38:56 PM »

Plot twist: Roberts.
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Nathan
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« Reply #2 on: December 05, 2020, 01:40:59 PM »

Obviously Barrett to own the feminazis. If you look at the rhetoric surrounding Barrett in the circles that stan and simp for her you'll find an awful lot of surprisingly overt acknowledgement that part of the point of having her on the Court is to have a woman who'd be willing to make rulings like this as a ward against accusations of misogyny. It's astoundingly coldhearted and manipulative smash-mouth judicial politics, and I say this as someone who both opposes abortion as a matter of morality and thinks Roe is a bunch of hocus pocus as a matter of legal reasoning.
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Donerail
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« Reply #3 on: December 05, 2020, 01:45:39 PM »

Barrett will write the opinion that overturns Roe for the same reason they nominated Thomas to replace Thurgood Marshall.
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brucejoel99
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« Reply #4 on: December 05, 2020, 01:49:03 PM »

Yeah, it'd definitely be Barrett, so as to prevent the optics of only having men decide how to control women's bodies. She lends female legitimacy.
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NewYorkExpress
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« Reply #5 on: December 05, 2020, 04:09:41 PM »

Roberts will be in a majority that eventually overturns Roe v. Wade, but I don't think he'll write the decision.

I'll say it's either going to be Coney Barrett or a justice that has yet to be appointed.
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Skill and Chance
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« Reply #6 on: December 05, 2020, 04:18:12 PM »

You would probably get some complicated 4/3/2 split on the current court, with the (narrow) Roberts/Kavanaugh joint concurrence being controlling, so I'll go with Roberts. 
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brucejoel99
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« Reply #7 on: December 05, 2020, 05:08:49 PM »

You would probably get some complicated 4/3/2 split on the current court, with the (narrow) Roberts/Kavanaugh joint concurrence being controlling, so I'll go with Roberts. 

This is also a distinct possibility, yeah.
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Nathan
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« Reply #8 on: December 05, 2020, 05:22:52 PM »

You would probably get some complicated 4/3/2 split on the current court, with the (narrow) Roberts/Kavanaugh joint concurrence being controlling, so I'll go with Roberts. 

This is also a distinct possibility, yeah.

I think the controlling opinion in this scenario would probably leave the husk of a constitutional right to abortion intact but gut the exercise of that right in practice, which I think you and I can agree would be the worst of both worlds.
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Kingpoleon
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« Reply #9 on: December 05, 2020, 11:33:21 PM »

Barrett will write the opinion that overturns Roe for the same reason they nominated Thomas to replace Thurgood Marshall.
Democrats might openly block minority conservative Justices/judges in the future, like they did with Estrada.
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Kingpoleon
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« Reply #10 on: December 06, 2020, 03:43:19 PM »

Obviously Barrett to own the feminazis. If you look at the rhetoric surrounding Barrett in the circles that stan and simp for her you'll find an awful lot of surprisingly overt acknowledgement that part of the point of having her on the Court is to have a woman who'd be willing to make rulings like this as a ward against accusations of misogyny. It's astoundingly coldhearted and manipulative smash-mouth judicial politics, and I say this as someone who both opposes abortion as a matter of morality and thinks Roe is a bunch of hocus pocus as a matter of legal reasoning.
Who would you like to see write it, then?
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Nathan
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« Reply #11 on: December 07, 2020, 05:01:00 PM »

Obviously Barrett to own the feminazis. If you look at the rhetoric surrounding Barrett in the circles that stan and simp for her you'll find an awful lot of surprisingly overt acknowledgement that part of the point of having her on the Court is to have a woman who'd be willing to make rulings like this as a ward against accusations of misogyny. It's astoundingly coldhearted and manipulative smash-mouth judicial politics, and I say this as someone who both opposes abortion as a matter of morality and thinks Roe is a bunch of hocus pocus as a matter of legal reasoning.
Who would you like to see write it, then?

Currently, none of these yahoos. I'd like to see any decision repudiating, gutting, or substantially modifying the Roe precedent be written by a pro-life woman who isn't a self-promoting fraud, but that's not the pro-life woman we actually have on the Court. Of the actually-existing conservative Supreme Court justices, Gorsuch would probably be the least offensive to me, mostly because he's the least offensive to me just in general.
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