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Chief Justice Roberts Wimps Out on Dobbs v. Jackson Women’s Health Organization Decision
PJ Media ^ | 06/25/2022 | Victoria Taft

Posted on 06/25/2022 8:33:34 PM PDT by SeekAndFind

Supreme Court Chief Justice John Roberts cites the horrendous Korematsu and Plessy v. Ferguson cases as profiles in judicial courage to right the wrongs of the past. But when given a chance to right an unconstitutional wrong on abortion, he wimped out.

When the draft Supreme Court decision in Dobbs v. Jackson Women’s Health Organization was leaked in May, the vote to overturn Roe v. Wade and its replacement, Planned Parenthood v. Casey, was at 5-4. After Friday’s decision, it’s still 5-4.

Roberts is the man who refashioned the “taxing power” of Obamacare so he wouldn’t have to spike the first black president’s signature legislation — at great cost to American freedom. Roberts is known as a traditionalist who cares more about the institution of the Supreme Court and whether it’s staying out of the press than about the actual decisions. His moves in Obamacare angered his conservative colleagues and were “not consistent, and his legal arguments were not entirely coherent. But he brought people and their different interests together,” according to a book about Roberts.

Roberts is known to whittle, chop, wheedle and trim cases so that the court votes only on a small sliver of the case, leaving remaining issues for another day. And that’s what he tried — and failed — to do in the abortion decisions. In the Dobbs decision, he tried to have it both ways, but none of the conservative justices were picking up what he was throwing down.

Instead, they threw their lot in with Justice Samuel Alito’s painstaking review of the lies, misstatements, and wrong-headed “history” conjured in the Roe and Casey decisions.

(Excerpt) Read more at pjmedia.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: clarencethomas; createdequal; dobbs; johnroberts; scotus; tacrolimus1mg
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p>As Alito wrote in Friday’s decision:

Roe found that the Constitution implicitly conferred a right to obtain an abortion, but it failed to ground its decision in text, history, or precedent. It relied on an erroneous historical narrative; it devoted great attention to and presumably relied on matters that have no bearing on the meaning of the Constitution; it disregarded the fundamental difference between the precedents on which it relied and the question before the Court; it concocted an elaborate set of rules, with different restrictions for each trimester of pregnancy, but it did not explain how this veritable code could be teased out of anything in the Constitution, the history of abortion laws, prior precedent, or any other cited source; and its most important rule (that States cannot protect fetal life prior to “viability”) was never raised by any party and has never been plausibly explained. Roe’s reasoning quickly drew scathing scholarly criticism, even from supporters of broad access to abortion.

The decisions were completely unmoored from the Constitution. But that didn’t seem to bother Chief Justice Roberts all that much.

1 posted on 06/25/2022 8:33:34 PM PDT by SeekAndFind
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To: SeekAndFind
0-EFD685-E-5-BAB-48-D2-8423-9-D8-D688-DBC4-F
2 posted on 06/25/2022 8:36:11 PM PDT by AnthonySoprano (Lindsey Graham: How can anyone be Mad at Joe Biden)
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To: SeekAndFind

Trump’s biggest mistake.


3 posted on 06/25/2022 8:36:40 PM PDT by Tacrolimus1mg (Do no harm, but take no sh!t.)
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To: SeekAndFind

Roberts is now the prime suspect in the ruling leak ...


4 posted on 06/25/2022 8:37:16 PM PDT by SecondAmendment (This just proves my latest theory ... LEFTISTS RUIN EVERYTHING !!!)
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To: SecondAmendment
I said a week ago that Roberts himself or one of his staff leaked the decision.

Roberts care more about the cocktail circuit than he does about making sensible rulings.

5 posted on 06/25/2022 8:39:36 PM PDT by Extremely Extreme Extremist
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To: Tacrolimus1mg

“Trump’s biggest mistake”
****************************

This shameful toad has been Chief Justice since 2005. Trump bears no responsibility for him… he’s a Bush judge.


6 posted on 06/25/2022 8:40:32 PM PDT by House Atreides (I’m now ULTRA-MAGA-PRO-MAX!)
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To: Tacrolimus1mg

???


7 posted on 06/25/2022 8:41:08 PM PDT by Jamestown1630 ("A Republic, if you can keep it.")
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To: Tacrolimus1mg

Trump’s biggest mistake.
_____
He was appointed by Bush the Younger.


8 posted on 06/25/2022 8:41:10 PM PDT by AZJeep (https://www.youtube.com/watch?v=O0AHQkryIIs)
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To: Tacrolimus1mg

RE: Trump’s Biggest Mistake

That would be GW Bush’s biggest mistake. Trump had NOTHING to do with John Robert’s appointment.


9 posted on 06/25/2022 8:43:26 PM PDT by SeekAndFind
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To: SeekAndFind

Robert is a politician. He wants to please everybody.
He does not want to make any tough decision.
We call it wishy washy.


10 posted on 06/25/2022 8:45:21 PM PDT by AZJeep (https://www.youtube.com/watch?v=O0AHQkryIIs)
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To: Extremely Extreme Extremist

Roberts is a HUGE pussy with NO SPINE!! This court belongs to Clarence Thomas now and I think Justice Thomas is making inroads bringing Kavanaugh along!! I think when Kavanaugh first went on the court he had his nose so far up Roberts ass it was hard for him to see!! I think Kavanaugh is feeling more comfortable there now and starting to follow Gorsuch and Thomas more now!! Kavanaugh just MIGHT be able to be saved!! Roberts not having the guts to do what was right is nauseating!!


11 posted on 06/25/2022 8:48:17 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: Tacrolimus1mg

He was a bush appointee.


12 posted on 06/25/2022 8:49:58 PM PDT by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
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To: SeekAndFind

Even Justice Blackmun would have voted to overturn his own Roe decision, given clear scientific evidence of life and pain regarding the unborn child. He said so in his original opinion. ““if this suggestion of personhood is established, the appellant’s case, of course, collapses for the fetus’ right to life would then be guaranteed specifically by the 14th Amendment.” Blackmun said science and medicine had not yet established that personhood. This was before even ultrasounds. There is no question that personhood has been established for many years now.


13 posted on 06/25/2022 8:50:38 PM PDT by montag813
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To: Tacrolimus1mg

“...Trump’s biggest mistake...”
-
You continue to demonstrate your ignorance.


14 posted on 06/25/2022 8:50:40 PM PDT by Repeal The 17th (Get out of the matrix and get a real life.)
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To: SecondAmendment

I agree


15 posted on 06/25/2022 8:51:46 PM PDT by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
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To: AnthonySoprano

I knew this guy was a plant when, at his age, he was appointed Chief Justice.
How does that happen??
This guy is compromised! Has to be!!!
Almost nothing this guy does makes sense based off his judicial philosophy& rulings , prior to his SC appointment


16 posted on 06/25/2022 8:52:50 PM PDT by bantam
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To: SeekAndFind

This is part of the evil that is the Bush family. Not only did Bush appoint Roberts, but then inexplicably (or so it seemed) elevated him directly to Chief Justice. We have since seen exactly why he was chosen to nuke conservatism as a Trojan Horse.


17 posted on 06/25/2022 8:52:50 PM PDT by montag813
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To: montag813

The objection that Roberts raises to the reasoning in Dobbs is that it goes further than Roberts believes necessary. He’s willing to uphold the Mississippi law but he would just update the Roe/Casey mess with another rule. He agrees with the critique of Roe by the majority but doesn’t want to get rid of a constitutional right to infanticide. Rather than right a wrong decision, Roberts would rather make the decision only a little less wrong.

I don’t believe I’ve ever seen a Chief Justice’s opinion get a smackdown like this from other members of the majority he joined. Justice Alito succinctly summed up Roberts’ approach: “The concurrence’s most fundamental defect is its failure to offer any principled basis for its approach.”

Roberts’ concurrence reads very much like that of a man who has lost control of the Court and the respect of his colleagues. The only reason I can see that Roberts concurred with the opinion is that he didn’t want to be repudiated by the Court in what will likely be the most significant decision of his tenure as Chief Justice.

The bottom line is the justices of the SCOTUS conservative wing don’t trust him and don’t trust his finger-in-the-wind incrementalism. The Court is clearly being led by the Thomas-Alito partnership that is providing the willpower and guts to motivate the conservative majority to decide cases based on the law and not worry about what the editorial boards of the Washington Post and New York Times say.


18 posted on 06/25/2022 8:53:46 PM PDT by SeekAndFind
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To: Trump Girl Kit Cat

He is. It’s disgusting too because during his Senate hearings, Roberts was absolutely mind-numbingly brilliant. I mean, it was arguably the greatest performance of a nominee I’ve ever seen.


19 posted on 06/25/2022 8:54:06 PM PDT by Extremely Extreme Extremist
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To: SeekAndFind

20 posted on 06/25/2022 8:54:41 PM PDT by Bratch
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