The Supreme Court will probably uphold the Mississippi law limiting abortion after 15 weeks

An unborn fetus at 16 weeks

The Supreme Court this week heard oral argument on the Mississippi law that limits abortion after 15 weeks from conception.

As someone who practiced law at the Supreme Court, I listened to the arguments. I think they’ll uphold the Mississippi law. I have a few observations.

Keep in mind that oral argument at the Supreme Court is typically more theater than jurisprudence. The Justices usually already have their minds made up from reading the briefs. But it’s worthwhile theater because it connects the public to the judicial process. Also, it gives some insight into the likely decision which won’t come till next Spring.

My first observation is that much of the public is confused about what the Court is deciding and what it is not. Blame the media for that. Clicks are generated and fires are stoked not by the media presenting cases, but by presenting parades of horrible.

Here, the Court is not considering whether to ban abortion. That’s not on the table. What’s on the table is whether the Court will uphold the law enacted by the legislature of Mississippi which limits abortion in that state after 15 weeks.

It’s worth mentioning that the Mississippi law is consistent with the abortion laws of most other civilized countries. Hardly any countries around the world permit unrestricted abortion rights up till birth, as the pro-choice lobby wants for the U.S.

Moreover, even if the Mississippi law is upheld, abortion will still be wholly unrestricted in other states, even post-15 weeks. Upholding the Mississippi post-15 weeks law will not affect the permissive abortion laws of New York or California or any other state where the people’s elected representatives choose not to enact similar laws.

The three liberal Justices went hard at the lawyer arguing in favor of upholding the law, as expected. Many of their questions were more like speeches, as is their right. But interestingly, they focused not so much on the merits of the law. Rather, they focused on the legal doctrine of stare decisis.  

That’s the principle that courts should be loath to change the law, that they should defer to the law as laid down in earlier cases. That’s a good principle, because it means the courts don’t change the rules in the middle of the game. People should know what the law is, and that it won’t be changed willy-nilly after they act in reliance on it. To disregard stare decisis is to permit ex post facto laws.

But stare decisis is not absolute. The Court does occasionally overrule a case when they decide it was wrong. For example, “separate but equal” was considered Constitutional for decades. That was wrong, and the Court eventually corrected itself.

As for the merits of the Mississippi law, which the liberal wing of the Court mostly ignored in favor of stare decisis, the issue before the court is not whether abortion is a good thing or a bad thing. It’s whether (1) abortion restrictions should be left to the people’s elected representatives or, alternatively, (2) there’s a Constitutional prohibition on the people’s representatives doing so.

Serious legal scholars generally agree that the reasoning of Roe v. Wade establishing a Constitutional right to abortion — alternative (2) — is weak. Even liberal Justice Ruth Bader Ginsberg was critical of the Court’s reasoning in Roe v. Wade.

The Constitution simply does not mention abortion, explicitly or implicitly. The Roe v. Wade Court instead invented the right to abortion by analogy to other Constitutional rights. Abortion was known and sometimes practiced at the time the Constitution was written, and the Founders could have provided for it there. They indisputably did not.

The conservative Justices can afford to lose one of their six, and still win a 5-4 decision to uphold the Mississippi law. The conservative Justice wavering most is Chief Justice Roberts. He is concerned about the Court’s status. That’s a good thing to be concerned about, especially for the Chief.

One last point, related to the point about the Supreme Court’s status as an institution. It has become politicized. We have ourselves to blame for that. It’s because the Justices have been tasked with too many issues involving too much politics which should have been deliberated in Congress and state legislatures but the politicians there were too cowardly to tackle the issues and the people were too lazy to make them.

That’s well illustrated by this abortion issue. It’s a vexing religious, philosophical and societal issue, but it’s not really a Constitutional one. It should have been left to the people’s representatives – state legislatures and Congress, as the Founders intended – and not to the courts.

The Supreme Court is not supposed to respond to popular political sentiment or even religious or philosophical sentiment. It’s supposed to apply the law. As a political institution, the Supreme Court is lousy by design. 

But as a court of law, the Supreme Court is still great. The Justices are brilliant and accomplished jurists, though some more than others. The Court has been nearly free of scandal through two and a half centuries. In private practice, the Justices could make tenfold their government salaries. They choose instead to serve their country in a job that is fascinating but pays relatively poorly.

Listen to the audio of the oral arguments. I wish the other branches of government would be half as civil and smart as the Justices of the Supreme Court.

Colorado plans to cancel the phrase “sex offender” because it offends sex offenders

Child rapist Joseph Rosenbaum, who was shot and killed by Kyle Rittenhouse

Some 20,000 sex criminals in Colorado get “treatment” from the state Sex Offender Management Board, or “SOMB.” It’s a big bureaucracy with layers of committees and “work groups.”

Rapists treated by the SOMB are of course not called “rapists.” In fact, that term appears nowhere on the big SOMB website. It was banned years ago because it became associated with criminals who coercively, forcibly and sometimes violently prey sexually upon others – persons who commit what we used to call “rape.”

Stated another way, the term “rapist” came to connote persons who rape. Such a connotation offended such persons and the bureaucracy that caters to them. Hence the modern non-judgmental and non-insulting term, “sex offender.”

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Are the social justice thugs unaware that everyone in the Rittenhouse incident is white?

Screen shot form drone video showing Rittenhouse being chased just before turning and opening fire

Kyle Rittenhouse shot three people. The first two died. It’s interesting to see who they were. The backgrounds of these guys is not determinative of Rittenhouse’s guilt or innocence – there’s no open season on creeps – but it’s relevant in piecing together the story of that deadly night.

The first who was shot served 14 years in prison for raping a child and then for dozens of in-prison disciplinary violations. He was a registered sex offender and was found guilty of assault, arson and narcotics crimes. He was wanted at the time of the shooting for bail-jumping and domestic abuse, and had been released from a hospital for a suicide attempt a few hours before the shooting. He was chasing Rittenhouse when Rittenhouse turned around and shot him.

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“Woke” is now a term of mockery, and the left has only itself to blame

“Woke” was coined by the left some years ago to describe a person who had become sensitive to the left’s pet issues, especially racial and “social justice” ones. It implied that a person disagreeing with the left about those issues was not just wrong, but unconscious. Becoming woke was unintentionally analogous to the Christian concept of being born again — which is appropriate since leftism is the left’s religion.

This catchy term was initially successful. But the left never succeeds at success. That’s because what’s important to them is not being successful in resolving grievances, but parading those grievances as evidence of their victimhood.

Victim status is more important to the left than winning – and easier too. If the left were a sports team, they’d be lazy and winless but they would always say, gleefully, that it’s because the referees robbed them.

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The collusive lawsuit between the ACLU and the Biden administration for immigration reparations is an illegal and unethical sham

The ACLU sued the United States for money on behalf of illegal immigrants for being separated from their children when they were caught and detained at the border. The Wall Street Journal reported a few weeks ago that the Department of Justice was considering settling the case for about $450,000 per individual – a settlement amounting to over a million dollars in the case of a family of three and over two million for a family of five.

The basis for the ACLU’s lawsuit on behalf of the immigrants is not clear. Most legal experts agree that whatever the morality of putting children into shelters, it is lawful. That’s what happens when parents commit a crime and are incarcerated. The lawsuit appears designed to establish new judge-made law to the effect that when the crime is illegal immigration, the children must be incarcerated with the parents (who may or may not actually be their parents) in an adult prison.

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COVID suspended the rules of civilization – and we need them back

Traffic accidents illustrate the phenomenon. It was widely assumed that traffic deaths would decline during the pandemic because fewer miles were being driven.

But the opposite happened. Miles driven did predictably decline in 2020 compared to 2019 – by about 13% — but traffic deaths spiked upward 7%. The story in 2021 is even worse. Traffic deaths in 2021 are running about 18% higher than 2020 even though miles driven are up only 13% over that one-year period.

These grim figures correlate with declining use of seatbelts, more drunk driving and more speeding. COVID effectively suspended the rules of the road.

That’s not all. Drivers are not just aggressively trying to get somewhere in a hurry; they’re looking for a fight. They hop in their car and drive around looking for prey.

COVID suspended the whole rulebook of civilized behavior. It’s like a children’s game where the rules are suspended for a few moments, except the few moments have dragged on for about 20 months now.

We see the same effect everywhere. People were told they don’t have to work, so they stopped working. Or they were told that they could pretend to work from home, so they pretended to work from home.

People were told that the police are bad and should be starved of the funds necessary for them to do their jobs. So policemen and women are quitting. Unsurprisingly, that adversely affects law enforcement.

People were told that it’s OK – even noble! – to loot department stores, or at least that they could shoplift with impunity. So they did.

People were told that lives don’t matter unless they’re black ones, so the murder rate is up 30%. That’s the biggest one-year jump in history.

People were told that government handouts are not limited by the amount of taxes the government collects from the people. Instead, the government has as much money as it wishes to print, so it can give unlimited quantities to the people. Money grows on trees, except you don’t even need a tree.

People with all this free money – and free time since they aren’t working – can then go buy things, if only there were people still working to make those things.

Children were told that they didn’t have to go to school. So they didn’t. And they didn’t seriously replace their truancy with online learning. We lost at least a year of education – of children who were already being educated badly.

With the guard rails removed, civilization crashed like a garbage truck driven by perfidious pants-pooping drunk vagrants colliding with a dumpster fire.

The left likes all this de-civilizing because they dislike civilization. Civilization involves qualities like merit, morality, honesty, logic, justice other than the social kind, intellectualism and consequences. The left finds such things an obstacle to the utopia they plan to establish and rule.

As for me, I’m done pandemic-izing. Let’s have rules again. I want my world back.

Dems stand to lose 46 House seats in 2022

Kamala Harris told us before this week’s election that, “What happens in Virginia will in large part determine what happens in 2022, 2024 and on.”

OK, let’s run with that. Joe Biden won Virginia by 10 points in 2020. This week, his surrogate in the governor’s race for whom he, Harris and other Dem poobahs personally campaigned lost by two. That’s a 12-point swing.

I applied that 12-point swing to the 2020 midterm elections for the House of Representatives to get a feel for the 2022 elections. In other words, to graft this week’s result onto the 2022 midterms, I subtracted six points from the vote share of each Democrat in 2020 and added those six points to each Republican. The result was a 46-seat swing to the GOP.

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All tuckered out from Pope play, President Poopy Pants falls fast asleep

Joe Biden visited the Pope. Politicians do this. The meetings are of course carefully scripted so that nothing controversial occurs, such as the Pope reminding the visitor that according to Church doctrine and scientific opinion a fetus is a living creature and the species is homo sapiens.

It’s not really a meeting; it’s a show. The president tries not to say something stupid while the Pope intimidates him with his Pope getup complete with the lamp shade hat.

This show is traditionally broadcast live. Just a few days before this one, however, the White House announced that it would not be. Because reasons. Unspecified ones.

We were told afterward by persons in whose interest it would be to tell us this, that the meeting went very well. In particular, the Commie Pope Pope Francis told Biden that he should continue to receive communion. Aborted fetuses don’t vote, don’t fill the offering plate and don’t tell tales.

All good and well and and predictable.

But a side story developed. According to the resistance, rumors circulated in Rome like a swirly in an overflowing toilet that the big meeting required an intermission due to, um, a bathroom incident. More specifically, an incident that is supposed to occur in a bathroom but didn’t. It seems in the course of meeting the Pope, the President pooped his pants.

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I’m with Brandon

“I’m with her”

  • 2016 campaign slogan of Hillary Rodham Clinton

That Hillary campaign slogan didn’t work so well for her. She lost.

She lost a lot. She lost about 30,000 emails, 30 states, 304 Electoral College votes, the Supreme Court, Congress, most of the state governorships, and 80% of the land area of the country. She lost Wisconsin, for gosh sakes.

She lost her balance, her sobriety and her quarter-mil influence-peddling speaking gigs.

She lost several million dollars that her campaign paid to sleazy lawyers to fabricate a bogus Russian pee-pee dossier on Donald Trump that is now leaking all over her and those lawyers, at least one of whose journey to the White House looks to be detoured to the Big House for lying to investigators. Time will tell whether he and Hill share a cell.  

She lost to people she characterized as Deplorables. She’s a loser.

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You heard it here first: “Truth, Justice and Better Living through Chemistry

The words “motherhood” and “mother” are now cancelled. The proper woke term is now “birthing person.” That’s because “mother” means a woman who has birthed a child, and allegedly we now also have men who birth a child.

Never mind that these “men” have no Y chromosome and were born female with female genitalia and female chromosomes. They are now “men” because, well, because they say so. According to their science – which you’d damn well better follow — whatever they say they are, they are. To contend that science says anything different is hateful and unscientific because it hurts their feelings.

Then there’s the flag of the United States of America. This piece of cloth symbolizing a republic, to which we used to pledge our allegiance and for which soldiers died, has been canceled too. Because it’s a symbol of racism.

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