- In a double bombshell, Politico got ahold of a leaked draft (first bomb) of the written opinion which has been circulated in the Supreme Court which will overrule Roe vs. Wade (second bomb.) Man, what a scoop. I don't think there's any question that it is real.
- The pdf of the opinion is here. I can't believe I'm seeing a leaked draft -- something that never happens. I don't even have time to go into how the news of the leak is the second biggest legal story in decades.
- I've said for as long as I can remember that constitutional law is made up along the way. And who sits on the court decides what the law will be. Those voting to overturn Roe are the author, Alito, and Kavanaugh, Gorsuch, Coney Barrett, and Thomas. Those against are Breyer, Sotomayor and Kagan. Roberts we don't know about.
- It's mind-boggling that all of this is because of Donald Trump (and Mitch McConnell's refusal to hold hearings on Obama nominee Merrick Garland.)
- So can this draft opinion change? Yes. But I bet it doesn't in any substantive way. It's a full evisceration of Roe which was its intent.
- Barricades went up around the Supreme Court last night after the story was released.
- If the opinion stands, there is no reason to believe that same-sex marriage cannot be outlawed (overruling Obergefell), homosexual conduct criminalized (overruling Lawrence), contraception criminally banned (overruling Griswold) and interracial marriage forbidden (overruling Loving.) The reasoning in all of them is exactly the same as Roe.
- Ted Cruz's deleted tweet this weekend, which everyone thought was a inadvertent text message, might actually have been a warning.
- So what happens if the draft becomes the actual opinion of the Court in June or July? It then will fall on each state legislature do decide whether abortion is illegal and under what circumstances. But some already have in that they have laws totally banning abortion on the books set to take effect, called "trigger laws", once the final Supreme Court ruling is handed down. Bottom line: The poor will be punished. The rich, who can afford to travel, will get their procedure.
- Texas is one of those states and has a trigger law which will make it a first degree felony for the doctor to perform an abortion at any time after conception. (It is even far more restrictive than the different and controversial six-week "Bounty Bill.) It automatically goes into effect 30 days after the upcoming Supreme Court ruling is handed down.
- Here was how the Texas Senate voted on that bill. A Yea vote outlaws abortion:
- Here are the Texas House votes. A Yea vote outlaws abortion:
- This was going to be my lead story. The January 6th Committee wants to hear from Wise County congressional representative Ronny Jackson and his connection to the Oath Keepers and the Proud Boys. This letter is so good in its series of questions they directed towards him.
(Click to enlarge) - Remember that the Oath Keepers are the ones with an arsenal in an hotel across the Potomac on January 6th and were ready for a revolution. Two them have already pled guilty to seditious conspiracy -- that ain't trespassing.
- This is the leader of the Oath Keepers who is referred to in the letter to Ronny Jackson. His case is still pending.
- In after-thought news, Decatur has made a monumental comeback in early voting winning yesterday 161-119 and taking a total lead of 855-823. Today is the last day to early vote. If all of the above taught you anything, it's that voting matters.
- Still on the run! An arrest warrant has now been issued for the sheriff's deputy.
- That's a lot of blood on that shirt in the ER room. Click for enlargement. I doubt the confrontation started with just a polite "Hey, be more cautious," but whatever the words were they didn't justify the beating.
- I didn't know Wise County had an axe throwing establishment. They wisely put the liability waiver you have sign next to the BYOB link.
- Edit: BagOfNothing was at that axe throwing place a couple of weeks ago he tells me.