Both Thomas & Alito have already told the Solicitor General that they believe she's misleading the Court. Never heard Thomas do that. Roberts told her SCOTUS is not "best situated" to decide evolving medical treatment questions.
Alito arguing that Bostock involved "particular language in a particular statute," whereas this case is under the Equal Protection Clause. Clearly an argument aimed at Gorsuch.
Prelogar: Classifying by pregnancy is not a proxy for sex.
1. How ignorant & wrong is @stuartpstevens? Let us count the ways. To begin with, it's the law that defines crimes. It doesn't matter what the jury thinks of the facts if the judge & prosecutor are wrong about the law.
2. If he read the indictment, "statement of facts," bill of particulars, decisions by Acting Justice Merchan, & jury instructions, as I have (guess what: those are all in the public record), @stuartpstevens would know that the legal theory was bonkers as well as undisclosed in the indictment nationalreview.com/2024/02/its-no…
@stuartpstevens 3. If we're playing this game, @stuartpstevens, how many of the Section 175.05 & 175.10 cases have you read? I've done a ton of research on this, written up @NRO. The central element of the crime was never supported by evidence or even allegations nationalreview.com/corner/new-yor…
Not having kids is like not serving in the military, not having been poor, not being a woman, not being religious, not having run a business, not being a doctor, lawyer, cop...you're always entitled to be heard. But you should consider that your analysis misses something others know from experience.
It's un-American to say anybody doesn't get to have an opinion on any issue because of their identity or experience. But a little humility is always in order on things other people have lived through & you haven't.
So, the modest version of Vance's point is correct; the more extreme framing of it is not. But then, every progressive who says "only women can have opinions on abortion" is making the more extreme argument.