this post was submitted on 16 Dec 2023
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New York Times reports conservative supreme court justice had no changes to 98-page draft of opinion that removed right to abortion

The conservative supreme court justice Neil Gorsuch took just 10 minutes to approve without changes a 98-page draft of the opinion that would remove the federal right to abortion that had been guaranteed for nearly 50 years, the New York Times reported.

According to the paper, Samuel Alito, the author of the opinion in Dobbs v Jackson, the case that struck down Roe v Wade, from 1973, circulated his draft at 11.16am on 10 February 2022.

Citing two people who saw communications between the justices, the Times said: “After a justice shares an opinion inside the court, other members scrutinise it. Those in the majority can request revisions, sometimes as the price of their votes, sweating sentences or even words.

“But this time, despite the document’s length, Justice Neil M Gorsuch wrote back just 10 minutes later to say that he would sign on to the opinion and had no changes.”

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[–] Cranakis@lemmy.one 211 points 2 years ago* (last edited 2 years ago) (4 children)

Well yeah. Alito was executing "the plan" they all already agreed on back at the Federalist Society. SCOTUS has been captured by far right forces. The court is illegitimate and corrupt to the core.

[–] admiralteal@kbin.social 19 points 2 years ago

It's not a recent thing.

There was about 5 minutes under Warren where the court looks like it might actually be progressive. Other than that essentially it's entire history it's just a archconservative institution that exists as a check on civil rights.

[–] modifier@lemmy.ca 5 points 2 years ago

Wow, that was a hell of a read. Thank you.

[–] pelespirit@sh.itjust.works 0 points 2 years ago (2 children)
[–] BigMacHole@lemm.ee -1 points 2 years ago

Why would Republicans care about that? They aren't black! Except for the black one taking the most bribes so they consider him white!

[–] lennybird@lemmy.world -1 points 2 years ago* (last edited 2 years ago) (1 children)

Until the Supreme Court is completely overhauled, it's going to be extremely difficult to substantively change the heading of this country. Conservatives see this as a win, but they're too short-sighted to realize they shot themselves in the foot just the same.

[–] pelespirit@sh.itjust.works 0 points 2 years ago (1 children)

We could also water it down, adding justices seems to be the only option since they don't/won't hold themselves accountable.

[–] lennybird@lemmy.world -1 points 2 years ago* (last edited 2 years ago) (1 children)

I'm no legal expert but I've always thought the randomized or rotating court idea (perhaps > 9) filled by lower circuit courts would be better and less partisan overall.

[–] pelespirit@sh.itjust.works 0 points 2 years ago (1 children)

I've never heard of that option, but they're appointed too right? Not sure if that would fix it.

[–] lennybird@lemmy.world -1 points 2 years ago

They are but they tend to be constantly cycling out at a given time and so seem less concentrated or determined by individual presidents. They are also possibly subject to less lobbying targeting given which group presiding over a specific case would never be certain.

[–] girlfreddy@sh.itjust.works 51 points 2 years ago (3 children)

Instead of protecting the Constitution, specifically the 9th Amendment, the current SCOTUS is instead denying and disparaging the basic rights of all those people who can get pregnant.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

SCOTUS is either blind or bought off ... or both.

[–] Feirdro@lemmy.world 18 points 2 years ago

It’s a lot of people. If we add in all of those who can get someone pregnant but aren’t ready to be parents or who love someone whose life is affected by a problematic pregnancy, the number grows massively.

But we don’t live in a representative democracy anymore.

[–] ivanafterall@kbin.social 10 points 2 years ago (1 children)

SCOTUS is either blind or bought off

OH, OH, I KNOW THIS ONE!

[–] squiblet@kbin.social 6 points 2 years ago

It didn’t take me nearly 10 minutes to figure out which one.

[–] chaogomu@kbin.social 10 points 2 years ago

The 9th amendment? Those FedSoc fucks never read past the 2nd.

And Gorsuch in particular disregards that pesky line in the 1st that separates church and state.

Or maybe it's that he denies the post Civil War incorporation of the Bill of Rights.

Either way, he's written about how he thinks it should be legal for States to have an official religion (his own).

[–] ickplant@lemmy.world 49 points 2 years ago

Of course he did. Overturning Roe was on all of their agendas as they were getting confirmed. They would just never admit to it. Conservatives are liars.

[–] derf82@lemmy.world 45 points 2 years ago (1 children)

Yeah, of course. No doubt Alito circulated the opinion to allies before circulating to the rest is the court. Hell, I’m sure Alito has had it in his drafts folder for since he was appointed.

The bigger surprises:

  • Breyer was willing to join a plurality opinion that would have allowed the 15 week ban, but upheld the right to an abortion before then. That likely lead a conservative (probably Alito, which is just personal speculation) to leak it to solidify votes.
  • They agreed to hear the case before Ginsburg’s body was even cold. They just pretended to relist it so it didn’t look like they were going to do it immediately. It was enough to even cause Barrett to vote to not hear the case.
  • They let Mississippi completely change arguments midway, a tactic usually punished by the court but rewarded here.
[–] eestileib@sh.itjust.works 39 points 2 years ago (1 children)

These guys know how they are going to vote long before the case is even accepted to the Court.

It's a total charade, the whole fucking thing.

[–] yukichigai@lemmy.zip 26 points 2 years ago

"Yep, that takes rights away from women alright. Good enough for me!" - Gorsuch probably.

[–] Dagwood222@lemm.ee 25 points 2 years ago (2 children)

Think of it this way. We'd fail a 5th Grade student who didn't read a 100 page book and hold them back a year.

[–] ivanafterall@kbin.social 8 points 2 years ago (1 children)

This guy is an inspiration to those struggling kids! Truly anyone can be a Supreme Court Justice!

[–] Dagwood222@lemm.ee 2 points 2 years ago

Someone once made the point that a Supreme Court judge really didn't have to know the law, because by the time a case got to the court it was obvious that the law was ambiguous. They argued that the Justices should be considering which interpretation was best for the most people, not which was the 'correct' way to view it.

[–] Tyfud@lemmy.one 6 points 2 years ago (1 children)

Oh, he read the 100 page document. Just long before it was sent out.

[–] ivanafterall@kbin.social 1 points 2 years ago

In your heart of hearts, do you believe that's what happened?

[–] FlyingSquid@lemmy.world 18 points 2 years ago (3 children)

It took him 10 minutes to pull out the rubber stamp?

[–] themeatbridge@lemmy.world 18 points 2 years ago

It took him 9 minutes to open the attachment on his email.

[–] negativenull@startrek.website 5 points 2 years ago

There's no chance he didn't know what was in it. He was part of the cabal from the beginning.

[–] magnor@lemmy.magnor.ovh 3 points 2 years ago* (last edited 2 years ago)

Given how far said stamp was jammed up his arse, I'd say that is a reasonable estimate.

[–] NOT_RICK@lemmy.world 15 points 2 years ago

Every time I think I can’t possibly think less of the Supreme Court they go and surprise me

[–] snooggums@kbin.social 4 points 2 years ago* (last edited 2 years ago)

He knew the plan to overthrow Wade v Roe already and was just making sure it was on track.