#this is what I got a degree in american law for fml | Explore Tumblr Posts and Blogs

smallfrenchstudyblr · 2 years

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Aight, apparently we are doing this - a angry and slightly tipsy commentary of the latest SCOTUS clusterfuck

[Note : so the ruling ended up being pretty much the same as the draft (which is Bad), so this is mainly me getting mad at why this entire decision is legal nonsense and I cannot believe it was actually adopted]

This entire reasoning is full of intellectual clusterfucks that are like a 5 year old inventing a game with rules that guarantee they win. Like :

"litigants are saying that history does not matter, but the Court has always considered history mattered ! However could we change that!"

But also this entire ruling is based on this idea that stare decisis is dead and the Court should not be bound by its own precedent ????

BUT ALSO "No you can't make it about gender equality because "it is squarely foreclosed by our precedents" I- ?????

I am crying, like "don't worry, banning abortion is not "mere pretex[t] designed to effect an invidious discrimination against members of one sex.”"

WELL IT'S KINDA HARD NOT TO TAKE IT LIKE THAT, NGL

Hey maybe make up your mind. I don't like stare decisis either. But I live in a Civil Law country. We WRITE our laws, through vaguely functionnal democratic institutions. Wild, I know. You 're in a common law country. Saying stare decisis is always up for grab is the equivalent of our legislator writing a law and concluding with "but y'know, we can always talk about" NO WE CAN'T THAT IS THE WHOLE POINT

Relying on "The great common law authorities - Bracton, Coke, Hale, and Blackstone" OH WOW I WONDER WHAT ALL THESE RICHWHITEMENRICHWHITEMENRICHWHITEMEN HAVE IN COMMON WHICH COULD HAVE BIASED THEIR OPINION OF ABORTION ????

[more under the cut, obv, this ruling is too damn long and I have THOUGHTS that need to be put SOMEHWERE]

Oh my god I am NOT going over the whole history of men banning abortion for centuries and why it was good once more, SKIP.

"Justice Ginsburg’s opinion..." the AUDACITY to invoke RBG's work in a ruling TAKING BACK WOMEN'S RIGHTS I cannot believe I am reading this with my own two eyes I a way too fucking sober for this

The cognitive dissonance in this ruling is UNREAL :

Stare Decisis "restrains judicial hubris by respecting the judgment of those who grappled with important questions in the past" [proceeds to give a master class in judicial hubris disregarding stare decisis]

"the term “liberty” alone provides little guidance. “Liberty” is a capacious term. As Lincoln once said: “We all declare for Liberty; but in using the same word we do not all mean the same thing.” [proceeds to define what liberty is]

"This Court has long disfavored arguments based on alleged legislative motives" [proceeds to rule based on the alleged constitutional motives of guys 200 years again]

Love how they note that in the Middle Age, awomen caught for getting an abortion "was sentenced to two days in the pillory and three years’ imprisonment." And then went Yeah let's use that as our inspiration.

"Respondents and their amici have no persuasive answer to this historical evidence." Respondant and their amici think that relying on XIIIth century law to decide whether women should have bodily autonomy today is fucking dumb, next.

[insert spongebob meme] "Some of the Court’s most important constitutional decisions have overruled prior precedents. See, e.g., Brown v. Board of Education, 347 U. S. 483, 491 (overruling the infamous decision in Plessy v. Ferguson, 163 U. S. 537, and its progeny)." OH so you ARE aware of these cases ? Cool cool, just to check that you knew what you were opening the door for literaly the entirery of civil rights to be walked back to the XIXth century.

"The Undue Burden test is too vague" oh yeah sure, because the other legal standards are cristal clear and totally not subject to interpretation. "Reasonable person", "rational basis" are absolutely transparent, obvious standards.

"You give too many differerent reasons why access to abortion is important, that's sus" (aka "The Casey plurality’s speculative attempt to weigh the relative importance of the interests of the fetus and the mother") Wow it's like there are lots of different reasons why access to abortion is important.

"The Solicitor General suggests that overruling Roe and Casey would threaten the protection of other rights under the Due Process Clause. The Court emphasizes that this decision concerns the constitutional right to abortion and no other right. Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion." CUE MY ABSOLUTE FERAL BANSHEE SCREAMING HOW CAN YOU EVEN WRITE THIS HOW ARE YOU REAL ON WHAT PLANET TO DO YOU LIVE ??

jfc I am stopping there rn I can't deal with this I am too European for this shit.

#tw alcohol #scotus #dobbs v jackson #abortion #this is what I got a degree in american law for fml #and then scotus goes OH WOW I WONDER WHY OTHER COURTS DON'T REFER MORE TO US #bitch bc you take a time machine to the middle age everytime someone asks you of maybe all people should have dignity

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