Justice Sonya Sotomayor's objection to the “stench” of politics in the oral argument in Dobbs seemed directed at her three new colleagues and the effort to use the new court composition to seek the reduction or overturning of Roe v. Wade...jonathanturley.org/2021/12/05/big…
...Of course, when justices begin to declare their disgust at the very thought of overturning precedent, there is another detectable scent in the courtroom. Indeed, it felt like a scene from Tennessee Williams' play, “Cat on a Hot Tin Roof.” ...
...The only thing missing was the play’s central character, “Big Daddy” Pollitt, asking: “What's that smell in this room? … Didn’t you notice a powerful and obnoxious odor of mendacity in this room? There ain't nothin' more powerful than the odor of mendacity.””
...That is the problem with both politics and mendacity: They are a stench that one tends to smell only in others — and tends to be more pungent when one is in dissent.
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The pandemic now seems to have reached the mythic levels of gods who once were blamed for everything that went wrong in life. The Norse had the trickster Loki. For politicians, a lurking Loki explains that social problems are not really of their making... jonathanturley.org/2021/12/06/the…
...While many politicians call for “reimagining policing,” that imagination does not extend to seeing a cause-and-effect on crime. It is the Loki effect of the pandemic. The fact is that most criminals are rational actors who make a calculus of risk in the commission of offenses.
...While the White House may not see the cause-and-effect realities, these felons certainly see the cost-benefit realities. Even in a pandemic, most of us do not look for a Givenchy store to grab an essential diamond-encrusted purse...
As shown by the comments of the White House this week on crime, The pandemic now seems to have reached the mythic levels of gods who once were blamed for everything that went wrong in life. For politicians, it is useful to have a lurking Loki...thehill.com/opinion/crimin…
...Apparently, pandemic sustenance-gatherers felt compelled to grab $79,000-worth of purses from a Givenchy store in New York...
...Purses certainly do appear to be a COVID necessity across this accessory-deprived nation: When a gang hit Burberry’s on the Magnificent Mile in Chicago, they ran past an assortment of clothing to grab high-priced purses, too.
I have not seen the evidence that would make a compelling case to say that the parents were complicit criminally as opposed to being negligent. foxnews.com/us/michigan-ma… Michigan elected not to pass an child access prevention law...
...There is a risk to improvisational element in charging such a case. The question is whether there is actual knowledge or complicity by the parents as opposed to negligence. Otherwise, charges in this case could present strong grounds for challenge.
...Andy McCarthy has argued that the prosecutors seem to be "making their own law" in these charges. That may be so. Prosecutors will have to make a case that this is not just a workaround the absence of a child access prevention law.
The oral argument in Dobbs was the fascinating and edifying. It was civil and substantive. The counsel on both sides served their causes and clients well...
...The questions certainly seemed to support the right of states to set the earlier line for such laws. Indeed, the very viability standard seemed to have few supporters on the Court...
...For pro-choice advocates, the oral argument probably will be read as now hoping to minimize any losses. What was striking however is that the pro-choice side did not offer alternatives if the Court were to drop the emphasis on viability. That leaves a steep cliff problem.
Chief Justice Roberts just hit the state with a tough question. He noted that the case was accepted to consider pre-viability lines but the state then pushed in briefing to overturn Roe. The suggestion is that they exceeded the original question.
...I think that the broader question is implied but it is interesting that Roberts is flagging the question of whether the broader issue is fairly before the Court. Frankly, I think it is hard to discuss the basis of viability without discussing the viability of Roe itself.
...However, the original question from Roberts now takes on a different patina. When he asked about viability it followed questions from Sotomayor and could be viewed as questioning what remained from the Roe...
Justice Thomas was first out of the gate to question Scott Stewart in the Dobbs hearing.
Stewart went straight for Roe and called for it and Casey to be overturned. Thomas is using his questions to amplify the challenge points.
Many of us are waiting to hear from Chief Justice Roberts and Justice Kavanaugh who pro-choice advocates hope to lure over toward the left of the Court to preserve Roe.