The Supreme Court’s legitimacy is already lost
If the Supreme Court indeed strikes down Roe v. Wade and Planned Parenthood v. Casey this June, as the draft opinion leaked to and published by Politico tonight suggests it will, years of conventional wisdom about the court and its concerns for its own legitimacy will be proved wrong. Every single court watcher who spoke in terms of baby steps, incrementalism, or “chipping away” at one of the most vitally important precedents in modern history will have been wrong. Those who suggested the court would never do something so huge and so polarizing just before the November midterms will have been wrong. And the people who assured us that Brett Kavanaugh and Amy Coney Barrett were moderate centrists who cared deeply about the appearance of a nonideological and thoughtful court—well, yeah. They will have been wrong too.
If this draft opinion becomes precedent of the court, the results will be catastrophic for women, particularly for women in the states that will immediately make abortion unlawful, and in those places, particularly for young women, poor women, and Black and brown women who will not have the time, resources, or ability to travel out of state. The court’s staggering lack of regard for its own legitimacy is exceeded only by its vicious disregard for the real consequences for real pregnant people who are 14 times more likely to die in childbirth than from terminating a pregnancy. The Mississippi law—the law this opinion is upholding—has no exception for rape or incest. We will immediately see a raft of bans that give rights to fathers, including sexual assailants, and punish with evermore cruelty and violence women who miscarry or do harm to their fetuses. The days of pretending that women’s health and safety were of paramount concern are over. [Continue reading…]
Sen. Susan Collins (R-Maine) said on Tuesday that a leaked Supreme Court draft ruling was “completely inconsistent” with what Justices Brett Kavanaugh
“If this leaked draft opinion is the final decision and this reporting is accurate, it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office,” Collins said in a statement.
“Obviously, we won’t know each Justice’s decision and reasoning until the Supreme Court officially announces its opinion in this case,” she added. [Continue reading…]