https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf

  • layla
    hexagon
    ·
    2 years ago

    So, I'm not Amerikan, but it isn't a stretch to say that without the Dems this wouldn't have been possible right? Obama gave up one supreme court nomination, and RBG wanted to resign under Clinton or whatever and then fucking died when Trump was in office instead, right?

    • crime [she/her, any]
      ·
      2 years ago

      Yes. Also they've had literal decades to codify abortion rights into federal law, including the last two years with Biden + dem house + dem senate, and including the years under Obama when the dems had a fillibuster-proof supermajority in the senate as well as control of the house

      • cawsby [he/him]
        ·
        2 years ago

        Nothing less than a reproductive rights amendment would secure abortion rights as the US Senate will only become increasingly undemocratic in the future.

        Since the undemocratic Senate votes on SCOTUS and federal judges any form of legislative rights for abortion can be taken away now. There is no codifying abortion nationally after Roe is overturned. SCOTUS can just make a new ruling making any codified abortion rights unconstitutional. Only a constitutional amendment will stop this SCOTUS.

        • SerLava [he/him]
          ·
          edit-2
          2 years ago

          The constitution allows Congress to strip any federal court of jurisdiction over a law. They just haven't used this because they love institutions. They need to use this.

    • nat_turner_overdrive [he/him]
      ·
      edit-2
      2 years ago

      RBG wanted to resign under Clinton or whatever and then fucking died when Trump was in office instead, right?

      Not that it adds anything concrete here but I think it's worth pointing out that she died in the middle of the pandemic when people in the US were actually still masking and social distancing. Specifically, she died a few weeks after she officiated a maskless wedding for some connected lanyard dweebs. Do we know for sure that she died of covid because she was a stupid selfish idiot who went to wedding brunch? Not for sure. But I believe it.

    • john_browns_beard [he/him, comrade/them]
      ·
      2 years ago

      Correct, RBG in particular could have prevented this from happening by just retiring during the Obama admin instead of being a selfish ghoul.

      • Orannis62 [ze/hir]
        ·
        2 years ago

        With the margin on the court, it also would have depended on the Dems fighting back against McConnell blocking them on the other seat, rather than using it to rally their base for 2016

      • DonaldJBrandon [none/use name]
        ·
        2 years ago

        It needed to be both RBG retiring and Obama putting whoever the fuck in since the senate refused to do their jobs. Instead he wrung his hands and say "well too bad can't do anything here"

    • usa_suxxx [they/them]
      ·
      2 years ago

      https://www.reuters.com/article/obama-abortion/obama-says-abortion-rights-law-not-a-top-priority-idUKN2946642020090430

    • Cromalin [she/her]
      ·
      edit-2
      2 years ago

      you're completely correct. yesterday, even my extremely :LIB: mother was complaining about that

      • Orannis62 [ze/hir]
        ·
        2 years ago

        By not fighting back in any way when McConnell refused to hold a vote on the seat that became vacant when Scalia ate shit

          • Orannis62 [ze/hir]
            ·
            2 years ago

            Well for one thing, there were a significant number of legal experts at the time who argued that the Senate refusing to hold a vote was essentially tantamount to assenting to whoever the President picked. So Obama could have used that, either by just appointing someone or by using the threat of it to get them to at least hold a vote

            • DonaldJBrandon [none/use name]
              ·
              2 years ago

              Yup. He shouldn't have even held their feet there, he should have just shrugged and put someone in saying they wouldn't do their job. They would have voted down every possible option anyway so he should have just taken the opportunity

    • FirstToServe [they/them]
      ·
      2 years ago

      To be fair, because the senate was held by republicans at that point, Obama isn't directly at fault for not getting that nomination. He's only at fault in that he sucked enough to lose the senate.

      • swampfox [none/use name]
        ·
        edit-2
        2 years ago

        Still, there was no precedent for disallowing a sitting president from appointing a Supreme Court Justice. Refusing to hold the hearing was a clear loophole/exploitation which the Dems should have combated on every front possible if they were actually concerned with exercising their electoral mandate(s)

        Their argument was largely "he already appointed 2!" and then Trump gets to chuck 3 in there within a single 4 year term with McConnell still in the senate. And I'm not complaining about the hypocrisy, I'm complaining about how fucking useless the dems are.

        That particular event was when I realized that bourgeoisie democracy was an absolute farce.

        • RedundantClam [they/them]
          ·
          2 years ago

          They were also fucking useless not ensuring the right to abortion via legislation in Obamas first term. Obama didn't want to "divide" people. Dems sat on their hands thinking the Republicans wouldn't do what they kept saying they wanted to do.

      • DonaldJBrandon [none/use name]
        ·
        2 years ago

        No he could have just placed someone in since they literally refused to even hold a hearing on a nominee. Could have argued that since they wouldn't hold a hearing they implicitly accept his nomination or something. It was unprecedented at the time though