Thread by @Gormogons

GP The Democrats and media have adopted a few (bullshit, IMO) talking points cheering abortion after yesterday's SCOTUS abortion arguments.

They go something like this:

1. Stare decisis must govern!

2. SCOTUS overturning Roe would be pure politics!

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3. SCOTUS didn't even consider Roe and its progeny's viability and undue burden standards as it must!

4. Trump's appointees to SCOTUS are all illegitimate and must recuse!

There are more, but these seem to be where the Democrats and media are settling.

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Dealing with each in order, I state as follows:

1. As Alito (I think) basically said in arguments, "Stare decisis does not require us to keep a shitty decision no matter what the reliance interests are on it." Stare decisis is a guidepost, not a requirement.

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GP 2. Roe itself was a political decision. As noted, there was no constitutional precedent for a 'right' to an abortion. Abortion is mentioned nowhere in the Constitution. And there's no effin' way in heck the 14th Amendment drafters were all like, "Yay, abortion!"

3. This talking point is functionally, "It doesn't matter how batshit crazy and untethered constitutionally a SCOTUS decision was, you must follow its internal reasoning and accept it for your own when analyzing whether or not to overturn it."

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3 (cont.). Do Dems and media know how stupid that sounds, how profoundly stupid that argument is? It's akin to arguing in a rape prosecution that the jury must adopt the accused rapist's deranged state of mind where he believes women aren't human in determining guilt.

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4. This last point (that all Trump's nominees, now Justices, are illegitimate and cannot validly decide a case) is the most unhinged of all.

This is AOC's position, which in and of itself should tell you how deranged and stupid it is.

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4 (cont.). But at its heart, this position is a rejection of the Constitution, a rejection of rule of law, and an appeal to adopt a system of justice where mobs rule. It is un-American and dangerous.

Which, to be fair, AOC is also.

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GP The real takeaway is that it appears 5 justices are on board to right a past wrong, overturn Roe and progeny, and return abortion to the states (or Congress, if it can ever get its act together) to legislate on.

*Then* state and federal courts can review the laws.

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GP As I noted yesterday (IIRC), Republicans can and should portray a SCOTUS decision which overturns Roe and progeny *not* as a victory against abortion but rather as a return to constitutional order, one where the elected legislators make law, not unelected judges.

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No matter what happens here, Dems + media will gin up left wing hate because abortion is their sacrament + Big Government their false god.

A return to constitutional order also forces Dems to legislate on policies popular with their base crazies but hated by majorities.

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So I guess the response should be:

If Roe is overturned, it's not because of abortion but because conservative jurists are returning federal courts to their proper constitutional role. Legislatures are free to enact Roe-like laws if it's what their constituents want.

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It's not anti-abortion, it's pro-Constitution, pro-rule of law. It wouldn't have mattered whether the decision were on abortion or something else.

The Court's just saying, "Hey, this ain't our job. Legislature(s), step up + do yours."

And that, friends, is good for us all.

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Rx Based on that, it might go 6-3 because Roberts likes to tell congress to do its job.