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50 STATES AND DC, CONGRESS AND THE PRESIDENT

There is no valid defense of Roe. That’s why that side resorts to threats By  Timothy P. Carney

https://www.washingtonexaminer.com/restoring-america/restoring-america/equality-not-elitism/there-is-no-valid-defense-of-roe-thats-why-that-side-resorts-to-threats

Roe v. Wade “is not constitutional law and gives almost no sense of an obligation to try to be.” That was the conclusion in the Yale Law Journal of pro-choice legal scholar John Hart Ely.

“One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.” That’s liberal legal scholar Laurence Tribe.

It’s near-consensus among legal scholars, even those who believe abortion should be legal, that Roe was a shoddy decision, not grounded in the Constitution.

“You will be hard-pressed to find a constitutional law professor, even among those who support the idea of constitutional protection for the right to choose, who will embrace the opinion itself rather than the result,” wrote pro-choice scholar Kermit Roosevelt in the Washington Post.

“This is not surprising,” Roosevelt continued. “As constitutional argument, Roe is barely coherent.”

The Constitution quite obviously does not protect abortion as a fundamental right. Roe relied on a “right of privacy” “emanating” from a “penumbra” cast by actually enumerated rights. It was clearly motivated reasoning.

Abortion has thus been protected from democracy by a ruling that everyone knows is garbage, motivated reasoning . I’ve collected here many pro-choice legal scholars saying how bad Roe was.

Subject to scrutiny, Roe falls, and abortion defenders need to convince politicians to vote in order to strip unborn babies of any legal protections.

This is why the pro-Roe side is relying on threats to protect Roe. Democrats promise that they will declare the Supreme Court illegitimate if it doesn’t uphold their decision. That directly implies that they believe the federal government and state courts should disregard any subsequent rulings from the court.

Glenn Greenwald:The Irrational, Misguided Discourse Surrounding Supreme Court Controversies Such as Roe v. Wade The Court, like the U.S. Constitution, was designed to be a limit on the excesses of democracy. Roe denied, not upheld, the rights of citizens to decide democratically.

https://greenwald.substack.com/p/the-irrational-misguided-discourse?token=

Politico on Monday night published what certainly appears to be a genuine draft decision by Supreme Court Justice Samuel Alito that would overturn the Court’s 1973 decision in Roe v. Wade. Alito’s draft ruling would decide the pending case of Dobbs v. Jackson Women’s Health Organization, which concerns the constitutionality of a 2018 Mississippi law that bans abortions after fifteen weeks of pregnancy except in the case of medical emergency or severe fetal abnormalities. Given existing Supreme Court precedent that abortion can only be restricted after fetal viability, Mississippi’s ban on abortions after the 15th week — at a point when the fetus is not yet deemed viable — is constitutionally dubious. To uphold Mississippi’s law — as six of the nine Justices reportedly wish to do — the Court must either find that the law is consistent with existing abortion precedent, or acknowledge that it conflicts with existing precedent and then overrule that precedent on the ground that it was wrongly decided.

Alito’s draft is written as a majority opinion, suggesting that at least five of the Court’s justices — a majority — voted after oral argument in Dobbs to overrule Roe on the ground that it was “egregiously wrong from the start” and “deeply damaging.” In an extremely rare event for the Court, an unknown person with unknown motives leaked the draft opinion to Politico, which justifiably published it. A subsequent leak to CNN on Monday night claimed that the five justices in favor of overruling Roe were Bush 43 appointee Alito, Bush 41 appointee Clarence Thomas, and three Trump appointees (Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett), while Chief Justice Roberts, appointed by Bush 43, is prepared to uphold the constitutionality of Mississippi’s abortion law without overruling Roe.

Draft rulings and even justices’ votes sometimes change in the period between the initial vote after oral argument and the issuance of the final decision. Depending on whom you choose to believe, this leak is either the work of a liberal justice or clerk designed to engender political pressure on the justices so that at least one abandons their intention to overrule Roe, or it came from a conservative justice or clerk, designed to make it very difficult for one of the justices in the majority to switch sides. Whatever the leaker’s motives, a decision to overrule this 49-year-old precedent, one of the most controversial in the Court’s history, would be one of the most significant judicial decisions issued in decades. The reaction to this leak — like the reaction to the initial ruling in Roe back in 1973 — was intense and strident, and will likely only escalate once the ruling is formally issued.

Election Integrity Dead: Killed in Court by J. Christian Adams

https://www.gatestoneinstitute.org/18475/election-integrity-dead

Many election operatives know that elections are won or lost because of process. For decades, one side has been focused on policy, big ideas, and winning debates. Meanwhile, the other side has been focused on process and the rules of the elections game.

[A] war is taking place around elections that has nothing to do with voting machines being controlled by Italian satellites or Internet hackers. They don’t need to be.

Election process fights have become a Darwinian “survival of the fittest.” Whichever side can effectively adapt to a new technological or cultural environment often determines who wins and who loses.

In 2020, an unprecedented burst of mail ballots swamped election offices because of the fright of COVID. All over the country, judges struck down or suspended laws that would have ensured those mail ballots were processed according to the law. At the same time, hundreds of millions of dollars in private money poured into election offices to change the way the elections were run.

It is a dangerous place we find ourselves, where citizens through the legislative process are enacting safeguards to keep our elections clean and manageable, yet a hyper-funded onslaught has mastered the art of killing real, verifiable, integrity in elections.

First, do not assume there will be a “red wave” this November. Many election operatives have demonstrated a fierce ability to adapt and leverage cultural and technological awareness into electoral wins.

Second, a “red wave” cannot overcome the “blue wave” tactics of 2020 seen in urban areas flush with outside cash.

Third, the Biden administration is already turning the battleship of the entire federal government toward turnout in 2022. Institutions have mobilized every single agency into a weapon to increase voter turnout among “historically marginalized communities.” Decoded, that means racial groups. This is all happening with little fanfare, and little means to stop it.

It also means that every federal agency has had a year-long head start into morphing into a get-out-the-vote tool. It means housing, welfare, and education offices will be turned into turnout machines. Institutions have adapted and created an architecture using the powers of the state to target certain voters and get them to the polls.

For good measure, the Biden administration proposed a $10 billion federal fund available for the next decade to replicate and expand the cash injections to election offices like those seen in 2020. Another $5 billion is requested for the U.S. Postal Service so it can expand its role in voting-by-mail. Even if the administration gets a fraction of that request, it will make the $500 million spent in 2020 from private groups to increase urban turnout look like small potatoes.

Perhaps most of all, we can start to pay close attention to the fights going on behind the scenes — the process fights. For so long, we have rightfully cared about policies such as taxes, government spending, education, and energy. We try to move heart and minds. But others put policy second: they are worried about whether process helps or hurts their ability to move bodies and ballots. Process is driving the outcomes of policies; it is time to fully engage before our ability to engage at all is extinguished.

In the wake of the 2020 election, states across the country enacted laws to try to prevent a repeat of the chaos from that election. In some states such as Arizona, Texas, and Florida, laws were passed to prohibit the private funding of election offices. In others, ballot custody vulnerabilities were addressed, such as limits on harvesting and drop-boxes.

January 6 Committee Targets GOP Donors Ahead of 2022 Elections They can’t beat Republicans at the ballot box so Democrats are using every governmental, legislative, and legal weapon at their disposal to destroy them in court and in the court of public opinion.  By Julie Kelly

https://amgreatness.com/2022/05/02/january-6-committee-targets-gop-donors-ahead-of-2022-elections/

Judge Timothy J. Kelly and his colleagues on the D.C. District Court have acted as little more than rubber stamps for the Justice Department’s abusive prosecution of January 6 defendants. As I reported last month, Kelly, a Trump appointee, continues to hold six nonviolent Capitol protesters behind bars while allowing the Biden regime to delay trial dates and skirt its discovery obligations.

After months of tolerating the government’s broken promises related to sharing evidence with defense attorneys, Kelly finally issued a toothless order to compel prosecutors in one major case to finally produce Brady material or face consequences. (He won’t do anything.)

But Kelly isn’t just helping Joe Biden’s Justice Department punish Americans who dared to protest Joe Biden’s election that day. In a shocking ruling issued Sunday night, Kelly gave his imprimatur to the House Democrats’ January 6 select committee, paving the way for hyperpartisan, vengeful lawmakers such as Representatives Adam Schiff (D-Calif.) and Liz Cheney (R-Wyo.) to potentially access the private information of Republican campaign contributors.

In February, the select committee subpoenaed Salesforce, a data and digital communications vendor for the Republican National Committee, demanding all records associated with fundraising efforts between Election Day and January 6, 2021—an event the committee’s lawyers refer to in court filings as an attack by “domestic terrorists.” The subpoena covered outreach conducted by the RNC, the Trump reelection campaign, and the Trump Make America Great Again Committee—a breathtaking trove of internal records and documents were requested including all communications between the company and the political organizations as well as any data reports generated by Salesforce.

The committee claims emails with hyperbolic language intended to raise money before Congress’ joint session on January 6 were culpable for inciting violence. 

Bromide Politics: A Language Mauled In Service Of Power-

https://issuesinsights.com/2022/05/03/bromide-politics-a-language-mauled-in-service-to-power/

We Can’t be the Only Ones Sick of the Way Democrats Perverted Words.

We’ve heard since we were school kids that control of the language means control of thought. Anyone who has doubts that this is exactly what the Democrats have in mind must have missed the news last week when the White House named Nina Jankowicz to be the first disinformation czarina in U.S. history. Their objective is to regulate our thinking.

At the same time, the Democrats and their propaganda department, known as the mainstream media, have been hammering the public with words and phrases that mean just what they want them to mean, neither more nor less. It’s their way of conditioning voters’ thoughts as well as creating a cultural and class divide that allows the Democrats to preen as moral superiors and boost their status.

Think of the many examples of language abuse by today’s Democrats:

Our democracy is at stake: A justification for anything on the left’s agenda.

First, they want the public to believe we live in a democracy. We don’t.

How Many Inflation Warnings Did Biden Ignore? A Democratic pollster reportedly offered better analysis than Powell and Yellen. James Freeman

https://www.wsj.com/articles/how-many-inflation-warnings-did-biden-ignore-11651522620?mod=opinion_lead_pos11

New York Times readers may be puzzled by a headline on the newspaper’s website this week: “Biden Received Early Warnings That Immigration and Inflation Could Erode His Support”. Is this news? Especially on inflation, in 2021 it was striking that some prominent members of the Obama economic team were joining conservatives in urging the President not to ignite his desired bonfire of federal spending. But this week’s Times dispatch is nevertheless useful in attempting to understand the failures that haunt the Biden presidency.

Zolan Kanno-Youngs, Jonathan Martin and Alexander Burns report in the Times:

President Biden enjoyed high approval among Americans in the early months of his presidency . . .  But privately Mr. Biden’s lead pollster was already sounding the alarm that even with the early successes, certain gathering threats could sink support for the president and his party.
“Immigration is a growing vulnerability for the president,” John Anzalone and his team warned in a package of confidential polling, voter surveys and recommendations compiled for the White House. “Voters do not feel he has a plan to address the situation on the border, and it is starting to take a toll.”
Within a month, there was another stark warning. “Nearly nine in 10 registered voters are also concerned about increasing inflation,” said another memo obtained by The New York Times.

Since we’re talking about the Times, this column must issue the standard cautions against believing reports based on anonymous sources.

Leaked Draft of Supreme Court Opinion Indicates Roe v. Wade May Be Overturned Draft ruling, published by Politico, represents an extraordinary breach of the court’s private deliberations

https://www.wsj.com/articles/leaked-draft-of-supreme-court-opinion-indicates-roe-v-wade-may-be-overturned-11651554510

WASHINGTON—A leaked Supreme Court draft opinion written by Justice Samuel Alito and published late Monday by Politico indicated the court may be preparing to overturn Roe v. Wade, the 1973 precedent that established a constitutional right to an abortion.

The draft, dated from February, couldn’t be independently confirmed, but legal observers said it appeared authentic. The Supreme Court’s spokeswoman declined to comment.

The 67-page opinion, marked as a first draft, declared that Roe was “egregiously wrong and deeply damaging,” and that Planned Parenthood v. Casey, a 1992 decision that limited but didn’t eliminate abortion rights, prolonged the court’s error.

“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion,” the draft opinion said. “Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”

The draft, written in February, doesn’t necessarily represent the court’s ultimate decision in the case or even the majority’s current thinking. But it is consistent with the tenor of December’s oral arguments in the case challenging Roe, Dobbs v. Jackson Women’s Health Organization, concerning Mississippi’s ban on abortions after 15 weeks. The draft was labeled the opinion of the court, implying a majority of justices had agreed with it.

Inflation Can’t Be Censored High prices broadcast the bad news every time we buy something. by David Catron

https://spectator.org/inflation-cant-be-censored/

An increasingly disturbing feature of American politics is the routine suppression of major news stories that reflect poorly on candidates favored by the Fourth Estate. The most egregious example in recent years occurred in October of 2020 when corporate news outlets and social media platforms colluded to bury a New York Post article on Hunter Biden. Fortunately, some stories just aren’t susceptible to such censorship. Inflation is a case in point. It can’t be hidden from the voters because soaring prices shout the bad news from every grocery store shelf and gas pump in the nation.

And the voters don’t like what they’re hearing. A new Gallup poll reports: “Americans’ confidence in the economy remains very low, and mentions of economic issues as the most important problem in the U.S. are at their highest point since 2016.” Moreover, when asked to specify the most important economic issue, inflation topped the list. Not coincidentally, the survey found that Americans identified “the government/poor leadership” as the most important non-economic problem facing the country. This is an evil portent for the Democrats who must defend tiny congressional majorities in the midterms. Politico elaborates:

The professionals who track American attitudes toward the economy say they can see the trouble coming. Angry voters slammed by higher prices and scarred by two years of fighting the pandemic are poised to punish Democrats in midterm elections, according to some of the leading experts in consumer sentiment and behavior. And with inflation persisting and Russia’s war on Ukraine stoking uncertainty, there are indications that public sentiment is getting worse, not better, posing a growing threat to Democrats’ already slim chances of holding onto Congress, they say.

The State Department’s woke surrender The agency defines down who gets to be a diplomat: Peter Van Buren

https://spectatorworld.com/topic/the-state-departments-diversity-surrender/

America’s diplomatic corps is the latest victim of diversity uber alles. Choosing diplomats for the 21st century is now about the same process as choosing which gummy bear to eat next. But fear not, because the State Department assures us that America will have “an inclusive workforce that… represents America’s rich diversity.”

At issue is the rigorous entrance exam, which once established a color-blind baseline of knowledge among all applicants and was originally instituted to create a merit-based entrance system. Until now, becoming an American diplomat started with passing this written test of geography, history, basic economics and political science, the idea being it was probably good for our diplomats to know something about all that.

The problem was that, racially, things never quite added up. No matter what changes were made to the test, or even if it was administered after an applicant had served two internships with State (below), blacks and people of color could not pass in the right magic numbers to satisfy the diversity police. The answer? State has now simply done away with the requirement to pass the test in favor of a “whole person” evaluation, similar to how many universities and the dead SAT gateway currently work.

The irony is that the test was instituted to avoid backroom decisions on color (and religion, education and peerage). When America first found itself in need of a real diplomatic corps during the nineteenth century, there were three qualifications for State: male, pale and Yale. The Rogers Act of 1924 was the first attempt to even out the playing field, first instituting a difficult written examination everyone had to pass. The Rogers Act also created the Board of the Foreign Service and the Board of Examiners to choose candidates in lieu of smoky backroom conferences at Skull and Bones HQ.

Don Quixote and the Trans Madness William Sullivan

https://www.americanthinker.com/articles/2022/05/don_quixote_and_the_trans_madness_.html

“Any madman can act out a preferred fantasy, either for attention or for self-gratification.  Getting others to go along with that fantasy requires some guile and forethought.  Getting an entire culture to accept this fantasy in the place of reality requires something more.  It requires a society that is chock-full of sympathetic enablers who are willing to accept as fact what is obviously a fantasy.”

The Spanish novel, written by Miguel de Cervantes, El ingenioso hidalgo don Quixote de la Mancha, is often credited as the first modern novel in Western literature.  Literally translated to English, the title reads “The Ingenious Low-Born Nobleman Don Quixote of La Mancha.” 

The inclusion of “ingenious” describing the title character is a curious choice, given that Don Quixote is, in fact, a crazy old man named Alonso Quixano that imagines himself a gallant knight.  He mounts his trusty steed (a skinny nag) and dons his shining armor (with a shaving basin for a helmet) in order to fight giants (that are, in reality, windmills), while his trustworthy squire (his short, fat, yet profoundly loyal servant named Sancho Panza) supports his quest to win the hand of his Dulcinea del Toboso (a chaste maiden that he invents in his mind). 

In short, Alonso Quixano is delusional, and, in throes of his madness, he is bent on imposing his own self-perception upon the world around him.  So, how is it that he could be “ingenious?”