PhDeac
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- Joined
- Mar 16, 2011
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No; this is how the world operates. Especially politicians.
Well now who's being cynical?
No; this is how the world operates. Especially politicians.
Pop, why would Roberts reveal results of an investigation that hurts his side? That’s now how conservatives operate.
No; this is how the world operates. Especially politicians.
BOTH SIDES!
Well now who's being cynical?
I haven't had a chance to read much about why it was leaked. What's the prevailing thought?
Smokescreen by conservatives to take heat off the actual issue of the decision?
Some altruistic motive by a clerk who feels his side has lost their way?
Roberts working behind the scenes to try to secure the legacy he cares about?
Prevailing thought seems to be that it was leaked to lock in support from some of the less radical yes votes. Basically to force Roberts specifically to hold the line rather than come to some independent thought. Roberts’ legacy of being a horrible leader who falls in line with the right wing of trump’s GOP remains intact.
I may be misunderstanding your point, but I think this was way more about making sure Kavanaugh (and maybe Gorsuch) couldn’t be swayed to a more “moderate” (though still significantly curtailing abortion rights) opinion that Roberts would/will write (something like keeping the Casey undue burden standard (presumably doing away with viability) under the due process clause, but holding that a ban at 16 weeks does not impose an undue burden), rather than trying to get Roberts in line with Alito’s opinion. If no one can be flipped, they don’t need Roberts. Alito, Thomas and Barrett (and probably Gorsuch and Kavanaugh) don’t give a damn if it’s 5-4 or 6-3. I will be pretty surprised if Roberts is in the majority if the Alito draft opinion (or the bulk and substance of it) ends up being the majority opinion. Roberts is not a moderate by any stretch and I’ll eat crow if I’m wrong, but this one just feels like one where Roberts will try to pretend like he is (similar to the ACA and LGBTQ Title VII cases).
I may be misunderstanding your point, but I think this was way more about making sure Kavanaugh (and maybe Gorsuch) couldn’t be swayed to a more “moderate” (though still significantly curtailing abortion rights) opinion that Roberts would/will write (something like keeping the Casey undue burden standard (presumably doing away with viability) under the due process clause, but holding that a ban at 16 weeks does not impose an undue burden), rather than trying to get Roberts in line with Alito’s opinion. If no one can be flipped, they don’t need Roberts. Alito, Thomas and Barrett (and probably Gorsuch and Kavanaugh) don’t give a damn if it’s 5-4 or 6-3. I will be pretty surprised if Roberts is in the majority if the Alito draft opinion (or the bulk and substance of it) ends up being the majority opinion. Roberts is not a moderate by any stretch and I’ll eat crow if I’m wrong, but this one just feels like one where Roberts will try to pretend like he is (similar to the ACA and LGBTQ Title VII cases).
I may be misunderstanding your point, but I think this was way more about making sure Kavanaugh (and maybe Gorsuch) couldn’t be swayed to a more “moderate” (though still significantly curtailing abortion rights) opinion that Roberts would/will write (something like keeping the Casey undue burden standard (presumably doing away with viability) under the due process clause, but holding that a ban at 16 weeks does not impose an undue burden), rather than trying to get Roberts in line with Alito’s opinion. If no one can be flipped, they don’t need Roberts. Alito, Thomas and Barrett (and probably Gorsuch and Kavanaugh) don’t give a damn if it’s 5-4 or 6-3. I will be pretty surprised if Roberts is in the majority if the Alito draft opinion (or the bulk and substance of it) ends up being the majority opinion. Roberts is not a moderate by any stretch and I’ll eat crow if I’m wrong, but this one just feels like one where Roberts will try to pretend like he is (similar to the ACA and LGBTQ Title VII cases).
So is Roberts going to write his own opinion, go along with ending Roe, or try to put something together with the left?