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Alan Dershowitz: SCOTUS on the verge of a cataclysmic event

reason10

Governor
https://www.newsmax.com/newsmax-tv/alan-dershowitz-chief-justice-john-roberts-roe-v-wade/2021/12/04/id/1047332/

Alan Dershowitz to Newsmax: SCOTUS on Verge of 'Cataclysmic Political Event
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While Roe v. Wade has been Supreme Court precedent for 50 years, it is facing its biggest legal test right now, according to constitutional law expert Alan Dershowitz on Newsmax, as Mississippi seeks to move the timetable on abortion restrictions.
"There are only three justices, I think today, who would uphold Roe v. Wade completely," Dershowitz told Saturday's "America Right Now."
Those are the three liberal justices on the court – Stephen Breyer, Sonia Sotomayor, and Elena Kagan – putting at least a partial unwinding of Roe v. Wade on the table right now, Dershowitz told host Tom Basile.

Conservative Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch figure to be on the side of overruling Roe v. Wade, while Chief Justice John Roberts is in the middle and likely attempting to pull in the newest Justices Brett Kavanaugh and Amy Coney Barrett to join him, according to Dershowitz.


"So, if he can get one of them to join him, we will not see Roe v. Wade overruled – at least not yet."

Talking points, (for the educated people here.)

1. It's obvious to the whole country (well, at least the educated citizens) that Roe was bad law. It was NOT based on science and it violated the Constitution. It was an overreach of the court, based on a similar version of "Substantive Due Process" that created the Dred Scott Decision.

2. Unlike the whining Feminists *who shriek at just the thought of not being able to butcher their babies, overturning Roe will not end ALL abortion in America. The issue will go to the states.

3. And there is not a SINGLE state that will outlaw abortion completely because most of the country AGREES with the exceptions of rape, incest and protecting the life of the mother. SOME blue states will opt for even POST BIRTH abortion. (Not altogether a bad thing, if you think about it. The WORST thing a liberal can do is reproduce. This might be a FINAL SOLUTION to rid America of these idiots once and for all.)

4. Of course, the people in Washington STILL want to take your state's choice away from you.

Without Barrett and Kavanaugh joining Roberts and the liberals, the Roe v. Wade precedent is going to be forever changed in case law, which would be "cataclysmic political event," Dershowitz said.

"But, if you can't get either of them to join him, then he will probably join the three dissenters in upholding Roe v. Wade, but they'll be five justices to overrule it, and that would cause a cataclysmic political event in America," he predicted. "Congress would try to pass a statute first making abortion of federal right. It would become a major issue in the 2022 midterms and then in the 2024 presidential."


I'd LOVE to see that happen. Imagine extremist left wing people trying to legislate a federal right to abortion bill and trying to run on it in 2022. It's as if the disastrous Biden economy isn't enough to tank the Democrat Party. This would be fun.

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God of War

Governor
https://www.newsmax.com/newsmax-tv/alan-dershowitz-chief-justice-john-roberts-roe-v-wade/2021/12/04/id/1047332/

Alan Dershowitz to Newsmax: SCOTUS on Verge of 'Cataclysmic Political Event
View attachment 67335

While Roe v. Wade has been Supreme Court precedent for 50 years, it is facing its biggest legal test right now, according to constitutional law expert Alan Dershowitz on Newsmax, as Mississippi seeks to move the timetable on abortion restrictions.
"There are only three justices, I think today, who would uphold Roe v. Wade completely," Dershowitz told Saturday's "America Right Now."
Those are the three liberal justices on the court – Stephen Breyer, Sonia Sotomayor, and Elena Kagan – putting at least a partial unwinding of Roe v. Wade on the table right now, Dershowitz told host Tom Basile.

Conservative Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch figure to be on the side of overruling Roe v. Wade, while Chief Justice John Roberts is in the middle and likely attempting to pull in the newest Justices Brett Kavanaugh and Amy Coney Barrett to join him, according to Dershowitz.


"So, if he can get one of them to join him, we will not see Roe v. Wade overruled – at least not yet."

Talking points, (for the educated people here.)

1. It's obvious to the whole country (well, at least the educated citizens) that Roe was bad law. It was NOT based on science and it violated the Constitution. It was an overreach of the court, based on a similar version of "Substantive Due Process" that created the Dred Scott Decision.

2. Unlike the whining Feminists *who shriek at just the thought of not being able to butcher their babies, overturning Roe will not end ALL abortion in America. The issue will go to the states.

3. And there is not a SINGLE state that will outlaw abortion completely because most of the country AGREES with the exceptions of rape, incest and protecting the life of the mother. SOME blue states will opt for even POST BIRTH abortion. (Not altogether a bad thing, if you think about it. The WORST thing a liberal can do is reproduce. This might be a FINAL SOLUTION to rid America of these idiots once and for all.)

4. Of course, the people in Washington STILL want to take your state's choice away from you.

Without Barrett and Kavanaugh joining Roberts and the liberals, the Roe v. Wade precedent is going to be forever changed in case law, which would be "cataclysmic political event," Dershowitz said.

"But, if you can't get either of them to join him, then he will probably join the three dissenters in upholding Roe v. Wade, but they'll be five justices to overrule it, and that would cause a cataclysmic political event in America," he predicted. "Congress would try to pass a statute first making abortion of federal right. It would become a major issue in the 2022 midterms and then in the 2024 presidential."


I'd LOVE to see that happen. Imagine extremist left wing people trying to legislate a federal right to abortion bill and trying to run on it in 2022. It's as if the disastrous Biden economy isn't enough to tank the Democrat Party. This would be fun.

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The whole underpinnings of Roe were based on fabricated lies concerning common law (prior to 1778) and abortion history. Also, Blackmun essentially wrote legislation instead of law when giving arbitrary dates such as "fetal-viability." (an implanted fetus is viable human life). Blackmun completely undid the rule of law and undermined the legal credibility of the court when he allowed for 60 million "legal" abortions. Those women were lied to by society. They were duped about what abortion really means and most/many are just as much victims as those murdered babies. God have mercy on ALL our souls for having elevated the god of abortions - Molech - on an American altar of sacrifice.


Women do have a constitutional right to abortion in terms of real physical danger to their lives.
 

EatTheRich

President
Patriarchy is an omnipresent real physical danger to all women’s lives. Equal protection requires that women have the ability to decide whether or when to have children so that women as a sex are not controlled by men as a sex.

Since the vast majority of Americans support an essentially unrestricted right to elective abortion, the Court could hardly hand the left a more potent electoral weapon than by overturning Roe.
 

God of War

Governor
Patriarchy is an omnipresent real physical danger to all women’s lives. Equal protection requires that women have the ability to decide whether or when to have children so that women as a sex are not controlled by men as a sex.
Short of rape women are choosing when to have children. Telling them they have to live up their choice and not commit murder has nothing to do with patriarchy.

Since the vast majority of Americans support an essentially unrestricted right to elective abortion, the Court could hardly hand the left a more potent electoral weapon than by overturning Roe.
No, the vast majority of American women don't essentially support an unrestricted right to elective abortion. And if they do they can voice their vote on a state by state basis. Or they can pass a constitutional amendment.
 

EatTheRich

President
Short of rape women are choosing when to have children. Telling them they have to live up their choice and not commit murder has nothing to do with patriarchy.


No, the vast majority of American women don't essentially support an unrestricted right to elective abortion. And if they do they can voice their vote on a state by state basis. Or they can pass a constitutional amendment.

Perhaps you were unaware that people have sex without intending to get pregnant.
 

RickWA

Snagglesooth
And the only reason you want the consequence of an unwanted pregnancy to be an unwanted child is because you want the government regulating women’s sex lives.
Nah. I can’t speak for others, but I’d simply like such issues to be the province of individual states. Local is generally better and more responsive - particularly regarding subjects not so much as hinted at in the US Constitution.
 

EatTheRich

President
Nah. I can’t speak for others, but I’d simply like such issues to be the province of individual states. Local is generally better and more responsive - particularly regarding subjects not so much as hinted at in the US Constitution.
The right to be secure in our persons from unreasonable search and seizure is explicitly stated in the Constitution. The desire for statist interference with personal autonomy comes at the expense of the individual.
 

RickWA

Snagglesooth
The right to be secure in our persons from unreasonable search and seizure is explicitly stated in the Constitution. The desire for statist interference with personal autonomy comes at the expense of the individual.
No one is searching or seizing. You’ll need to do better. As for statist interference - although that IS your specialty - this is exactly what we seek to avoid. Have the more responsive LOCAL jurisdiction pass laws/policies accordingly.
 

EatTheRich

President
No one is searching or seizing. You’ll need to do better. As for statist interference - although that IS your specialty - this is exactly what we seek to avoid. Have the more responsive LOCAL jurisdiction pass laws/policies accordingly.
Yes, they are seizing control of women’s uteruses to use for the state’s ends. It is not a less statist human rights violation because it is a state of lower jurisdiction. The Third Amendment also prohibits the government from forcing people to give quarter to hostile occupying soldiers.
 

RickWA

Snagglesooth
Yes, they are seizing control of women’s uteruses to use for the state’s ends. It is not a less statist human rights violation because it is a state of lower jurisdiction. The Third Amendment also prohibits the government from forcing people to give quarter to hostile occupying soldiers.
Yawn. Go read Roe v. Wade and stop inventing kooky stuff. That is not what the court ruled.
 

EatTheRich

President
Yawn. Go read Roe v. Wade and stop inventing kooky stuff. That is not what the court ruled.
No, the court ruled in Griswold v. Connecticut that there is an implicit right to privacy (one of the unenumerated rights specifically protected by the 9th Amendment) because it’a written all over places like the 3rd, 4th, and 5th Amendments. Roe was a natural extension of that basic right to the question of abortion. But abortion rights don’t depend on Roe v. Wade, Griswold v. Connecticut, the 9th Amendment, the 14th Amendment (which not only includes the substantive due process right by which it is made clear that the basic rights on which those decisions are based apply to the states, but also the equal protection right that provides an independent constitutional basis for a right to abortion), the coming Equal Rights Amendment, or the Constitution. It doesn’t depend on the Universal Declaration of Human Rights which also provides a basis for a right to abortion. It is a right that depends on the inherent dignity of humanity, and one that in practice depends on building a fighting militant socialist feminist movement to defend it.
 

RickWA

Snagglesooth
No, the court ruled in Griswold v. Connecticut that there is an implicit right to privacy (one of the unenumerated rights specifically protected by the 9th Amendment) because it’a written all over places like the 3rd, 4th, and 5th Amendments. Roe was a natural extension of that basic right to the question of abortion. But abortion rights don’t depend on Roe v. Wade, Griswold v. Connecticut, the 9th Amendment, the 14th Amendment (which not only includes the substantive due process right by which it is made clear that the basic rights on which those decisions are based apply to the states, but also the equal protection right that provides an independent constitutional basis for a right to abortion), the coming Equal Rights Amendment, or the Constitution. It doesn’t depend on the Universal Declaration of Human Rights which also provides a basis for a right to abortion. It is a right that depends on the inherent dignity of humanity, and one that in practice depends on building a fighting militant socialist feminist movement to defend it.
‘Wholesale invention buttressed by conflation is no way to run a legal system, son’. Present an ironclad case with direct, overt constitutional jurisdiction expressly and mutually visible… or remand it to state jurisdiction.

Period. No fluff.
 

EatTheRich

President
‘Wholesale invention buttressed by conflation is no way to run a legal system, son’. Present an ironclad case with direct, overt constitutional jurisdiction expressly and mutually visible… or remand it to state jurisdiction.

Period. No fluff.
The 9th Amendment specifically states that the government can’t take away our rights just because those rights aren’t overtly expressed in the Constitution. Inconvenient for you statists, I know, but if you don’t like it you need to pass a Constitutional Amendment to take our freedom away.
 
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