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Jill Wine-Banks

2 Dec, 8 tweets, 2 min read

1/I was too upset by SCOTUS abortion arguments to tweet. I can't repeat Mississippi's arguments to overrule Roe because they are ridiculous. Lawyers for the clinics & the US (Rikelman & SG Prelogar) were brilliant and made almost all the points needed, but it fell on deaf ears...

2/ Here are my random reactions to Dobbs arguments:
If Roe is overruled, it would be the 1st reversal of an existing constitutional right. Past cases have expanded not contracted rights. Abortion has been a right for nearly 50 yrs - during which Republican party and Federalist...

3/ Federalist Society have worked to eliminate it. Compaing overruling segregation to overruling Roe is ridiculous. One ended a Constitutional violation, the other takes away a Constitutional right without anything changing in law, fact, or medicine...

4/The current law is based on a definable. enforceable and logical line - viability - that balances rights of the pregnant with those (if any, depending on your religion and philosophy) of a fetus. There is no logic to 15 weeks...

5/There are many values to stare decisis (reliance on precedents) and abandoning it here will, as Justice Sotomayor said, leaves a stench of politics and hurts the credibiity of the Supreme Court and the rule of law.

6/Leaving this to states means some Americans will have less rights than constitution grants.

Barrett's argument that the burden of parenthood can be avoided by giving away the child born after a forced pregnancy is one she should be ashamed to have said.

7/Parenthood is not the issue. Liberty and equality are.

If 15 wks is okay, why not 6. If Roe thrown out, same sex marriage. contraception & more will be next.
Note: question from Court about why 15 wks isn't enough time for anyone to get an abortion wasn't fullly answered...

8/15 weeks not enough time because (1) fetal abnormalities not discovered until later, (2) it takes time to get financially and emotionally ready to make the decision and there is no logic to shortening the time allowed before viability.

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Jill Wine-Banks

@JillWineBanks

23 Oct

https://twitter.com/tribelaw/status/1451610276869115918

SCOTUS disappoints -- as expected -- again. SB8 clearly deprives pregnant people of a right guaranteed to them by the Constitution and enshrined in Supreme Court jurisprudence. Why not say so or at least allow stay until you say so, which ultimately you must.

https://twitter.com/tribelaw/status/1451610276869115918

People who can be pregnant and want reproductive healthcare or an abortion include transwomen and people is therefore the properly inclusive terminology.

Read 5 tweets

Jill Wine-Banks

@JillWineBanks

21 Oct

@rbhubbell

I have recently discovered an insightful newsletter by by @rbhubbell that lays out facts, supporting data & an optimistic take on many issues viewed as dooming Democrats. For an example, see rest of this thread and then you will want to subscribe at
roberthubbell.substack.com/?utm_campaign=…

2/Today's newletter was about why Schumer was right to call the losing procedural on allowing debate on the merits of the Freedom to Vote Act, not even on its substance. Forcing all Senate Republicans to vote against it, he said it was a necessary loss...

3/It forced Republicans to take a stand on voting rights and admit that the existence of their party is dependent on voter suppression. Though the result is disappointing for Democrats, he said, "the loss was strategic." Senator Schumer knew that the vote would fail, but that

Read 10 tweets

Jill Wine-Banks

@JillWineBanks

4 Sep

@jbouie

.@jbouie said so much so powerfully that I'm starting a thread with some of his best lines, but recommend reading the whole piece re SCOTUS threat to our rights and its loss of credibility.
nytimes.com/2021/09/03/opi…

the court has essentially nullified the constitutional rights of millions of American women without so much as an argument...This isn’t judicial review as much as it is a raw exercise of judicial power. ...

It is common enough knowledge that the Supreme Court’s power to shape American society is a function not so much of its formal power under the Constitution as it is of its popular legitimacy. And much of that legitimacy rests on the idea that the court is acting fairly, ...

Read 13 tweets

Jill Wine-Banks

@JillWineBanks

2 Apr

1/Today's news from the #ChauvinTrial. #GeorgeFloyd described as a vibrant, active man by his girlfriend & surviving an earlier drug overdose, but not a knee on his neck. Chauvain described by his police supervisor as using unnecessary force after Floyd was handcuffed and prone.

2/Paramedics describe Floyd's medical condition when they arrived - basically too late to save him, but say police could have done chest compressions and saved Floyd. Of course, all that was necessary to save him was for Chauvin & the others to get off him once he was handcuffed.

3/Off-duty EMT on scene earlier who wanted to help but was barred from helping also could have saved him. All the evidence is pointing to depraved indifference to Floyd's life. Defense scoring no points imho and insulting to witnesses grief and guilt and to jury with arguments...

Read 4 tweets

Jill Wine-Banks

@JillWineBanks

19 Mar

@Lawssenhop

1/Great question from @Lawssenhop about extending the Statute of Limitations to allow charging a former president who couldn't be indicted while in office. It's complex and requires a thread to answer so here goes.

2/In general, ex post facto laws are prohibited by Article 1 of the Constitution if they retroactively change the rules of evidence in a criminal case, retroactively alter the definition of a crime, retroactively increase the punishment for a past criminal act, or

3/punish conduct that was legal when committed. Courts have interpreted what can and cannot be done but have left unanswered whether extending the SOL after the conduct is over would be allowed.

Read 5 tweets

Jill Wine-Banks

@JillWineBanks

15 Jan

@TheBeatWithAri

Thread:
1/ Listening to @TheBeatWithAri and @Comey is saying no federal indictment of Trump because it would give him a platform. That is nonsense. Trump has a platform whatever DOJ does and whatever happens in any state civil or criminal case.

2/ Comey also says it's OK for states to indict him which gives Trump that platform in addition to social media and Fox.

Comey also says trial would give him platform for months and months. Nonsense. Federal sedition trial against him could be over in a week. One count, videos.

3/ Watergate trial against many defendants with Pres as co-conspirator and multiple charges took from Oct 1 to Jan 1. One sedition count against one defendant should be much simpler. Others guilty can be tried separately while he sits in jail.

Read 6 tweets

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