a thoughtful web.
Good ideas and conversation. No ads, no tracking.   Login or Take a Tour!
comment by b_b
b_b  ·  64 days ago  ·  link  ·    ·  parent  ·  post: Supreme Court has voted to overturn abortion rights, draft opinion shows

Wow. The leak may be unprecedented, but what’s also unprecedented is that the court, at least in modern times, has never voted to take away a right that it has previously granted. That’s, I think, a parallel takeaway that needs a lot of attention.

kleinbl00  ·  63 days ago  ·  link  ·  

It's kind of Dred Scott II

b_b  ·  63 days ago  ·  link  ·  

Not that I’m an expert, but Plessy v Ferguson is the last time I can think of that a fundamental right was rescinded by the Court. Fucking Reconstruction. That’s what we’re talking here. It’s really astounding, even not considering abortion per se. Dred Scot: you’re not free, and you’re not actually a human. The Civil War: actually yeah you are. Plessy: not so fast.

kleinbl00  ·  63 days ago  ·  link  ·  

The smart move is to craft a new ERA and let the Republicans run as the anti-women party.

goobster  ·  63 days ago  ·  link  ·  

Interesting note is that the Equal Rights Amendment never got all the votes it needed to be passed, but there are only 3 states who have not signed it yet... and it has never been rescinded.

So, at any point, those three states could ratify the ERA and it would become a Constitutional Amendment.

I've seen some scholars talking about IF that could happen, and what would happen if it did... but there simply isn't an expiration date on Constitutional Amendments. So ... it could happen.

(But Democrats would have to Do Something, and you know that's out of the question.)

b_b  ·  63 days ago  ·  link  ·  

I believe Tennessee and maybe one or two other states passed resolutions disavowing their ratification, but some scholars seem to think there’s not actually a legal mechanism to do that. Whatever the case, it would be fascinating to watch. Some amendments have taken many years to ratify, so there is precedent for that.

kleinbl00  ·  63 days ago  ·  link  ·  

There's a sundown on it of 1979, which many of the original votes referenced. It's a legally muddy issue.