Ann Althouse

A key I use to understanding puzzles like this is: People do what they want to do. What have they done? Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.

2013: Then Senate Majority Leader Harry Reid lead a vote to eliminate the filibuster for Judicial nominees in 2013.

Roll Call:

The Senate voted, 52-48, to effectively change the rules by rejecting the opinion of the presiding officer that a supermajority is required to limit debate, or invoke cloture, on executive branch nominees and those for seats on federal courts short of the Supreme Court.

Three Democrats — Carl Levin of Michigan, Joe Manchin III of West Virginia, and Mark Pryor of Arkansas — voted to keep the rules unchanged.

The move came after Majority Leader Harry Reid, D-Nev., raised a point of order that only a majority of senators were required to break filibusters of such nominees. Presiding over the Senate as president pro tem, Judiciary Chairman Patrick J. Leahy of Vermont issued a ruling in line with past precedent, saying that 60 votes were required. Leahy personally supported making the change.

Voting against Leahy’s ruling has the effect of changing the rules to require only a simple majority for most nominations.

Wisconsin Senator Tammy Baldwin voted in favor of eliminating the filibuster.

More, here

Obama Promised To Sign The Freedom Of Choice Act On Day One, Hasn’t Touched The Issue Since

Notes:

I’m trying to understand this new Marist poll, which was conducted on June 24th and 25th. The Supreme Court decision came out on the morning of June 24th. Of course, there was also the leak of what turned out to be the majority opinion. That happened on May 2nd.

In the May 12 memo, Meta said it had previously allowed open discussion of abortion at work but later recognized that it had led to “significant disruptions in the workplace given unique legal complexities and the number of people affected by the issue.” The policy had led to a high volume of complaints to the human resources department, and many internal posts regarding abortion were taken down for violating the company’s harassment policy, the memo said.

I know motherhood is not easy. It is a profoundly daunting task to be charged with the spiritual and physical well-being of tiny humans. I also know that most law firms (and most jobs) might not joyfully celebrate an infant’s contributions to a discussion. Tragically, the availability of abortion has made the workplace less friendly to women and mothers. Even in the best of circumstances, being a parent is demanding. And it becomes infinitely harder for single mothers, like my mom, many of whom do not have the support of a family, community, or church. Yet the abortion-on-demand regime imposed by Roe v. Wade is no answer. As Chief Justice Roberts pointed out at oral argument in Dobbs, the United States is less protective of the unborn than almost any nation in the world. Only a few countries (six to be precise) allow for elective, on-demand abortions throughout all nine months of pregnancy—including the United States along with China and North Korea. Not a single European nation goes as far as Roe, and most countries either do not allow elective abortions or limit abortions to twelve weeks.

Of course, it’s also perfectly obvious that these sex-strike organizers are doing exactly what social conservatives want: abstaining from sex unless they are open to the gift of life. And what a kick in the head it would be if it turned out that what makes sex as valuable to a women as it is to a man is this potential for creating a child.

Flashback: When Biden opposed Roe; when Trump supported it

A forthcoming article in the Columbia Law Review by Professors David S. Cohen, Greer Donley, and Rachel Rebouché surveys some of the new abortion “battlegrounds” we can expect to see. In this article they write:

In this post-Roe world, states will attempt to impose their local abortion policies as widely as possible, even across state lines, and will battle one another over these choices; at the same time, the federal government may intervene to thwart state attempts to control abortion law. In other words, the interjurisdictional abortion wars are coming. . . .

The article provides a useful overview of many of the legal issues that will arise in these “interjurisdictional abortion wars,” in which the central legal questions will not concern substantive due process, but the scope of federal preemption, the autonomy of federal lands and enclaves, and the ability of states to limit interstate shipment of abortion medications, constrain interstate travel, or otherwise extraterritorialize their abortion laws. As I noted here, the White House has been consulting with academics to examine some of these questions, and I expect we will see the first rounds of litigation on some of these questions quite soon.

Perhaps anticipating some of these issues, it is notable that (as my co-bloggers have noted) Justice Kavanaugh made explicit reference to the constitutional right to interstate travel in his Dobbs concurrence. It may also be notable that Court’s conservative justices tend to split on questions of federal preemption (as we saw in Virginia Uranium v. Warren in 2019).

This shouldn’t have been hard to figure out. Any judge who considers himself or herself an originalist was going to believe that Roe is bad law because there wasn’t remotely colorable warrant for it under the Constitution. There might have been varying views on what deference was owed to precedent or other tactical questions; there wasn’t any meaningful disagreement on the core matter. The dance that went on is that Democrats would try to get conservative nominees to say that Roe had been a precedent for a long time. The nominees would agree while not going any further. They’d often cite — correctly — the refusal to comment on contested questions going back to Ruth Bader Ginsburg’s confirmation hearings.

Although Blake included it in his quote from Ginsburg’s speech, he doesn’t otherwise mention no-fault divorce. Let’s talk about why Ginsburg connected the no-fault divorce movement with the abortion-rights movement — and why these movements happened in the same time frame. One could say both movements pushed government out of the intimate sphere that belongs to the individual. Another way to put that was both movements served the agenda of the sexual revolution.

Ilya Somin:

Several of the items on the above list highlight inconsistencies by pro-choice liberals. But there is no shortage of similar inconsistency on the right. Consider, for example, conservatives who oppose mask and vaccine mandates on grounds of bodily autonomy, but strongly support the War on Drugs and laws banning prostitution.

Some will object that many of the cases described above must be ruled out because they involve restrictions on activities that are dangerous to health or safety (e.g. – prostitution, taking risky illegal drugs, and so on). If an activity is too dangerous, then government should be able to ban it in order to protect people from their own worst impulses.

But if that’s your view, you’re not really a supporter of “my body, my choice.” Rather, you believe people should only be allowed to make choices that the government (or perhaps some group of experts) deems sufficiently safe. Among other flaws, such paternalism overlooks the possibility that people may legitimately differ over the amount of risk they are willing to accept.

It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives. “The permissibility of abortion, and the limitations, upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.” Casey, Scalia, J concurring in judgment in part and dissenting in part. That is what the Constitution and the rule of law demand