No exaggeration: I am shaken by the words of the justices in their opinions. The majority's argument was not legal but moral and morality is the third rail of jurisprudence.
Compromise is impossible. "When it is not necessary to decide it is necessary not to decide." By Chief Justice Roberts. "Unprincipled," by Justice Alito. The tone! Jesus. That's a justice of the Supreme Court of the United States talking about his Chief! Well, you're going to get that tone when you accept play on the field of morality, not law, not precedent. We're talking about life and death! This was the first time in the history of the Supreme Court that a right was taken away from the people. Yeah, but we're talking about life and death!
Alito's argument was circular, in the way water quickly moving down a drain to the sewer moves in a circular manner. Alito futilely tried to cut the circle at abortion. Nothing doing.
What majority? None of the other 14th amendment decisions are implicated!, Alito, Kavanaugh. The hell they're not!, Justice Thomas. We're not criminalizing abortion!, Kavanaugh. May the states? Well...women cannot be prosecuted for traveling to another state to get an abortion. Jeez, thanks for that, Kavanaugh. And, oh! Women cannot be prosecuted for getting an abortion before this decision. Umm...after? Do the states, by virtue of their right reasonably to regulate abortion have the right to forbid it, regulation acknowledging the existence of the thing, forbidding it to prohibit its existence? Yes, by Kavanaugh. Alito? I think so, but I'm not sure. Thomas? He won't touch the third rail. Why did Chief Justice Roberts concur? He wrote that he would not have overruled Roe and Casey. He wrote that he concurred only because he agreed that the Roe right to abortion up to the point of fetal viability "should be discarded." The majority becomes a majority only on that issue! The conservatives on the Court are fractured on "morality" and "principle."
"We were a dysfunctional family but a family." Thomas on the pre-Roberts Court. Like America: We are all Americans, not liberals or conservatives, not Republicans or Democrats. "There are no Obama judges or Trump judges," Chief Justice Roberts. It ain't the court of that unprincipled, amoral RINO John Roberts no more! It ain't that America no more: Thomas' unapologetic refusal to recuse himself from election cases when his wife was emailing Mark Meadows that the election was stolen; the unprecedented leak of the Dobbs majority opinion. Now, it's nine scorpions in a bottle. Now, it's the Centrifugal States of America. Man, if I was Ketanji Brown Jackson my knees would be shaking at the alter about being married into this "family."
Dobbs is the worst decision in the history of the Supreme Court.
