Thread by @DougKass

The 2020 @realdoanldtrump "No Apologies" Tour:
On Monday, the Supreme Court struck down a Louisiana law that imposed substantial burdens on the rights granted to women under Roe v Wade. Although pro-choice groups celebrated the ruling in June Medical Services v. Russo, the ruling

demonstrates that the conservative majority on the Court is ready, willing, and able to overrule Roe v. Wade. Indeed, in June Medical, the Court came ever-so-close to overruling Roe in a decision that was split 4-1-4. Justice Roberts agreed with his conservative colleagues that

the Louisiana statute was constitutional even though it effectively ended access to abortion in Louisiana. But Justice Roberts ruled with the liberal justices that the doctrine of stare decisis required him to strike down the Louisiana statute because it was identical to a Texas

statute that was declared unconstitutional by the Court in 2016.
If Trump appoints another Supreme Court justice, Roe v. Wade will be overruled with a vengeance. If that happens, the notion that the Constitution protects the right to privacy under the Due Process Clause will

also fall. Indeed, if it were up to Justice Thomas, overruling Roe v. Wade would also mean overruling an important doctrine called “substantive due process” that effectively prohibits the states from impairing freedoms guaranteed by the Bill of Rights. (The Bill of Rights, as

written, restricts action by the federal government only, not state governments.) But Thomas would go even further, to hold that the Constitution does not guarantee “liberty” to Americans, but merely requires that deprivation of liberty occur under due process. If you don’t

believe me, read his dissent in June Medical Services v. Russo.
The ruling in June is like a signal flare in the night sky. Long-standing individual liberties and protections are under threat by the Roberts Court. Justice Roberts did not vote to overrule Roe v Wade

today because he knows he already has the votes to do so but did not want to complicate Trump’s chances for re-election in November. See Dahlia Lithwick in Slate, “Roberts Isn’t a Liberal. He’s a Perfectionist Who Wants to Win.” (“The chief justice knows exactly what he’s doing.”

) The notion that Roberts is biding his time, waiting for the right moment to overrule Roe was explained succinctly by Paul Waldman’s op-ed in the Washington Post, “Once again, John Roberts tries to save the Republican Party from itself.” As Waldman writes,

" [Roberts] is an extremely savvy political operator, one who carefully sides with liberals when he determines that it is necessary to save the Republican Party from itself. Which is what he just did. Roberts knows that the timing could not be worse for the Supreme Court to

overturn Roe. . . . it could destroy its political prospects for years or even decades.
Roe v. Wade was decided more than 45 years ago. During the intervening four decades, Republicans have been disciplined, unwavering, and single-minded in their efforts to overrule Roe. They

are within months of achieving their goal. We must take a lesson from their tactics and be equally dedicated and disciplined in our battle to replace Trump and flip the Senate. To be clear, even if Trump loses, Justice Roberts still has the votes to overrule Roe v. Wade, a result

that will weaken that will weaken the underpinnings of liberty and privacy on which it is based. If we flip the Senate, Democrats can enlarge the Court, which is the only safeguard against future havoc by the newly fortified conservative majority on the Court. Our liberties

depend on victory. Leave nothing on the field of battle. You owe it to yourself, your children, family, friends, neighbors, and future generations of Americans. @jimcramer @tomkeene @cnbcfastmoney @SquawkCNBC @riskreversal @ScottWapnerCNBC @carlquintanilla @epsilon

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