Elie Mystal is a lib lawyer. But he understands the enormity of the GOP justices eviscerating Roe. He's been critical of Biden's inaction and he has been suggesting radical solutions. Last week he tweeted out a simple way for Biden to use an executive order to stop the Texas anti-abortion law.
I edited it for clarity.
Texas wants to get cute with the law, fine. Let's play:
The Texas enforcement mechanism has citizens suing abortion providers, but qualified immunity protects government officials from being sued for carrying out official functions. So - all Joe Biden has to do is establish, by executive order, federal "privacy protectors" who are ordered to provide constitutionally protected services in Texas. Like the vaccine distribution BUT FOR ABORTION.
These people couldn't be sued because of qualified immunity.
PROBLEM SOLVED, YOU'RE WELCOME.
You get around the Hyde Amendment by making abortions free, of course. And only paying the privacy protectors for their counselling services. Any medical procedure they'd have to do out of their own pocket which I'm sure we could privately fund.
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He tweeted the following today. I don't have any idea at all what "increased" means. A few more missives? A dozen? Dozens? Still, it's fascinating...
Me: Interesting that the amount of hate I'm getting online and in my inbox has increased a lot since people started noticing my abortion takes.
Wife: Is it though?
Me: I mean from "democrats" too.
Wife: Are they men?
Me: Yeah.
Wife: ...
Me: Yeah.
An added benefit of this would be putting courts in a position where the easiest way to invalidate the order would be chipping away at qualified immunity.
Law is a promising area for getting libs to give up their faith in institutions. The federal judiciary is obviously a farce at this point, it's easy as shit to attack the constitution as some sacred cow when most of the founders owned slaves, and there are whole schools of established legal scholarship that amount to "you can pull virtually any meaning you want out of a law under the right circumstances." There's also increasing visibility of the idea that, historically, the Supreme Court has largely held back social progress, not advanced it. And of course court packing has resurfaced as a semi-legitimate talking point in mainstream politics, something that would have been unbelievable even five years ago.
Biden's bipartisan Presidential Commission on the Supreme Court is scheduled to release their six month study the middle of next month. He'll probably do some of what they suggest and it'll be fucking awful.
The GOP justices created a travesty of justice and they gave a middle finger to the dems and to democracy itself. The cherry on top of his triceratops-size turd sundae is that they did it so via a press release-like maneuver by using the shadow docket. There wasn't even a pantomime of having arguments and the rest of the procedural nonsense. The justices just went ahead and did it because they could. They don't give a single fuck.
But there's still a zero percent chance Biden packs the court. I give it another few weeks and there will start to be "What you can do about Roe" articles in lib media. Really? The average person is utterly powerless. Other than SATIRE (PARODY) the GOP justices.
The entire situation is absolute and utter idiocy.
They're only there because the Democrats ordered the media to cover Trump.
The media obeyed.
You see why having a lapdog press is bad now?
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He might make it a 5-4 liberal majority. But imagine Breyer died in 2023. The court would be 4-4 because the GOP wouldn't allow Biden to nominate a replacement. And then in 2024 President Ghoul (some GOP) would put a fascist onto the court and then it would be a 5-4 right-wing court. And then the liberal justices would die in misadventure. Stuff like falling down the stairs, getting electrocuted, a freak accident in the shower, getting in a car wreck and then accidentally shooting themselves in the back of the head three times.
And then the court would be 9-0 for the fascists.