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2022-05-04 07:00 by Karl Denninger
in Musings , 602 references Ignore this thread
Astounding, I Tell You...
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rarely comment on abortion on this blog.

There are plenty of people who write on it all the time.  It's the polarizing issue of our day, thus one that sells both clicks and subscriptions and it is an issue the Supreme Court created out of whole cloth with Roe.

Then Casey, which the court claimed was the answer to the divisiveness they instigated never mind stare decisis, which was supposed to be the end of it (so they said) of course was not.  Not even close.  Virtually every political campaign since has featured questions from both sides of the aisle's "voter information" people demanding answers to said questions.  When I was Treasurer for a Libertarian party candidate the League of Women Voters sent around their standard question list and, of course, that was prominently featured.

No matter how you answered it as a candidate (and no matter how honest you were) it was guaranteed to******off about half the voters.  I gave my counsel to the candidate as to the minefield he was being asked to navigate but of course the answer was his decision to issue and own, not mine.

That's by design; as I've often opined in a political context there is one easy way and a thousand hard ways to win an election.  The easy way is to engineer some issue that is guaranteed to split the electorate 50/50, or as close to it as you can achieve.  You then must win only one vote.

The closer you can get to that the better off you are (and the less money and effort it costs to win) which is why every political campaign in the last 50 years has prominently featured exactly this.

Now there's been a "leak" of an alleged USSC opinion on the case that I reported on in November.

Let's assume its real; it might well be.  It in fact may be one of several; it is not uncommon for Supreme Court Justices to "shop" opinions during their deliberative process.  Indeed, it is usually how the process works; those Justices who think they have a viewpoint that wins on substantive merits type it up and send it around to the other Justices, frequently after conference meetings where the salient points they intend to raise are debated between them.  To presume that this is the only opinion being so-floated, or that it is the one that will be settled on, is pure arrogance -- albeit very convenient arrogance.

It is, however, exactly the sort of opinion (and you ought to read it, as it is a withering criticism of the original Roe decision and even-worse skewering of Casey, complete with annotations and an entire section of the historical state of law on a state-by-state basis in the United States pre-Roe) that would send Democrats into an all-on meltdown -- which it did.

May I remind you that my body, my choice may have been the mantra of abortion rights for fifty years but suddenly didn't apply when it came to jabs, did it?  Indeed while "wrongthink" there might have impacted someone else abortion obviously always does extinguish a fetus; it is thus wildly incoherent to be a hard-core supporter or choice in only one of those two cases.  Intellectual honesty, in short, went straight into the bin in both circumstances.

Never mind that if the opinion is both real and the one that will eventually issue in fact it changes little, other than upsetting certain organizations and their profit centers.  Oh don't get me wrong; the "snapback" laws passed in several states, along with the state at issue in the case itself, will take effect and change the landscape in that state.  But today, as I noted back when this case was argued, we live in a very different world than we were experiencing in 1970 when Roe was first filed in Texas -- or in 1973 when it was handed down.  There are medications that induce abortion and cannot be blocked from personal acquisition and use nationallyno state can prevent you from traveling to another as interstate travel by one's person without interference is indeed a recognized civil right protected under the Constitution and said travel is both cheaper and easier today than ever before.  Pregnancy tests are a literal dollar at WalMart so there is no longer any excuse for a woman to not know she is pregnant; ignorance of one's pregnancy is now a matter of intentional failure to act rather than barred by cost, access to physicians or circumstance.  Between these two facts nobody can seriously argue that any woman who wants an abortion won't be able to obtain one; there will be plenty of states where abortion will remain both legal and available on request and while the hassle factor if you live where its banned will increase it will still be wildly less expensive and more available than it was following Roe in 1973 in real terms.

As the leaked opinion notes this is an issue that really ought to be decided in the legislature through elected representatives for whom one can vote (or not) on a forward basis -- and should have been left there in the first place.  Indeed there is arguably no federal jurisdiction here at all since medical boards and practices are a matter of state regulation in essentially all other respects.  Medical facilities are state-licensed entities as are basically all businesses, and it is states that issue medical credentials of all types.  To arrogate one specific medical item to the federal government is inconsistent with the separation of authority between federal and state governments, and while we have interfered with this in many places (e.g. opiates to name one) it is state regulation that makes something such as The Surgery Center of Oklahoma possible -- along with its much lower costs and wildly lower infection rates than you'll find in most local hospitals.

But the fact that said alleged opinion was "leaked" is extraordinary in and of itself.  To the best of my knowledge this has never happened before.  It is wild-eyed judicial interference, insanely improper and obviously occurred as a result of an action by someone inside the Court, probably someone clerking for one of the Justices, and then of course there's the question as to whether the Justice knew or even gave consent.  You can bet that there will be an immediate internal investigation and everyone responsible is likely to find themselves with a piano dropped on their head professionally; to believe that in the modern era you'll get away with something like this yet remain unidentified is also wild-eyed crazy.

I'm sure there are plenty of people who think this is all about "focusing" the left on something other than Biden's inflation and Ukraine, never mind the 900lb Gorilla in the room with respect to "public health" and the first year and change of Biden's administration in that regard, along with the results.  All of these are losers with the electorate and the Democrats know it.  Oh sure, there is certainly a "subscription list" for all of them, but not in the majority, never mind the southern border issues.

The argument that this is about taking those off the front page of the paper is specious.  This case was argued right around the turn of the year and the opinion was going to be issued within the next couple of months.  There was no benefit to leaking it now in the context of November assuming it really is the opinion that is being circulated for at least five votes.  Indeed its probably harmful to do it now on balance simply because it was going to come out closer to the election and Americans have a short attention span, often measured in the amount of time it takes to glance at a phone.

No, folks, this has little or nothing to do with the election, in my opinion.  Its too far away and, given that the opinion had to come out this summer anyway it was a foregone conclusion that right into the maw of election season this was going to be one of the focuses of debate, fundraising and, of course, much Reeeeeing on all sides.

That leaves actual interference with the operation of the Court as the likely motive.  Here there are no competing possibilities, and if indeed that was the motivation for this action it is grave indeed.  Such an act would go massively beyond the impact and intent of January 6th.  To attempt to corrupt one of the co-equal branches of the government is a serious matter, and now we shall get to see whether or not there really is any pretense of our Constitution, DOJ and other mechanisms to protect its integrity that remains or whether, in point of fact, the United States is a failed nation and the Constitution is, in fact, toilet paper.

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Ocdawg
Posts: 251
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Let's go Brandon, WI
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Using the time it took Democrats and Progressives to respond (including speeches, demonstrations, etc. as examples), IMHO it's pretty clear to see who's behind this stunt.

They make no effort to hide anymore...

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"I have certain rules I live by... my first rule...
I don't believe anything the government says. The government doesn't lie; it engages in disinformation"
-George Carlin smileysmileysmiley
Uncephalized
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Indeed while "wrongthink" there might have impacted someone else abortion obviously always does extinguish a fetus; it is thus wildly incoherent to be a hard-core supporter or choice in only one of those two cases. Intellectual honesty, in short, went straight into the bin in both circumstances.

Maybe I misunderstand the argument, but I don't see how this follows. You point out a difference between the two cases, namely, that abortion always and directly affects someone else, to death, whereas the ******* only does so indirectly and uncertainty--and this means it is incoherent to have a different stance on the two issues?

I also believe there is an inherent difference between one adult's responsibility to another adult in general society, vs a parent's responsibility to a child. We have far more obligation to incur risk, cost, and suffering for children we created than for other adults who are presumably responsible for themselves. So I don't see the equivalence.
Whitehat
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Operation Escape from New York
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So basically a left wing SJW did it to prevent the matter from being an issue during the height of the election.

Smells like Biden.

My curiosity has more to do with why this, why now.

I am a firm believer in the Zeitgeist or Spirit of the Times. In addition there is a theory that personality characteristics and individual intentions are also personified by the society when they are cohesive. One can speak about a society in terms of it being liberal, narcissistic or selfish as a whole.

So why are these abortion issues "appearing"?

Simple, there is a fertility realization which always exists below the surface. People are uncomfortable with others eschewing it not only for the lack of validation of their own choices (a very strong human emotion which sucks) but the archetypal desire to exploit the young to support the greater society and the old and carry their plans forward. There is always a risk that the old will not allow the young to make their own way but hold them back with only designated and controlled roles. Thus, it is a need to have them but not want the competition. This is what i propose created the Millennials' problems and to a lesser degree those of Gen X.

People feel, at the level of the unconscious for most, a population war and societal die-off. Like cockroaches, when one poisons them, they start reproducing like mad. We have been in a slow kill as there are some forces promoting said, and not all evil rather quite practical in the personal sense.

This is a huge topic, and i will go no further. Enough Jung for one day.

Just ask why this and why now? It is much more than the election as it has always been. We have not even touched why women make the choices which they do in these matters.

All of the above defy any logic by Karl now or at any time or by others. Human behavior is not logical. It is purposeful.

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Boredfree
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western slope colorado
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Yuck!

Another political mess left to us by a previous generation who didn't have the brains or balls to deal with this crap properly.

With all the old ****s still running the show I guarantee nothing positive will come of anything that happens in D.C.

We are a dying culture being led by the soon-to-be dead who don't give a **** about anyone or anything but themselves.

They can't die fast enough (or horribly enough) to make me feel better about all the negative crap they've tried to make us swallow for the 30 years those evil *******s have been ruining things.

What America needs to do is preform a few thousand late term abortions upon the beurocrats and politicians creating our messy political landscape.

Hold my beer. Watch this...


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The problem is most people want to point a finger rather than their thumb when dealing with challenges.
Striped-pad
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UK
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Could it be a distraction from something else happening? I hear that a batch of documents has just been released due to a court order.

Rolling your own "good day to bury bad news"? It's pure speculation, but it wouldn't surprise me.
Dingleberry
Posts: 362
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Online
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Great ticker, and of course this "leak" is an incredibly serious violation of the Court. But the Court has turned itself into an activist toilet, so I am not surprised.

A leftist did this....they don't have to worry about going to jail. Unless the DOJ and FBI got purged of fellow leftists, which I highly doubt.

I've read where reporters may be squeezed to give up the source. I can just see the commie-dem media howl and squeal if that happens, just like they did for Assange.

Oh wait....
Tritumi
Posts: 628
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tokyo
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Given the timing relative to Harris' speechifying opportunity...

1. Biden is ****ed by the DNC

2. facing the fall, Harris is the miracle cure

No end of chaos ahead.
Finzer_52
Posts: 167
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Burlington, Vermont
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It will be interesting indeed to find out and make public who the perp(s) were. I'd say gather all the SCOTUS clerks together and give them one chance for the guilty to fall on their sword. If no one takes responsibility, then do an FBI raid on each of them, ala Roger Stone style, get all their cell phone records etc. Give the clerks a taste of a totalitarian government out of control. Maybe they'll smarten up. Then again, the perp(s) will probably have life time employment in the Soros organization.

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That which flourishes can only do so within a conducive environment - (me)
Blackcrow
Posts: 183
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Texas
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TG's last paragraph - yes, yes, yes. We are the FU-USA.

Also this "leak" seems timed wirh the Pfizer document dump where they knew the jab injured pregnant woman & their babies AND had declining efficacy with time. There is an apocolyptic population reduction coming from these jabs. To say nothing of food shortages.
Or nuclear war, don't forget that!!! .

The entire "My body, my choice" argument was flushed down the drain when these very same folks were screaming for forced jabs and excluding from the public square anybody that disagreed with the ***** narrative.

It is this situational ethics that is the real problem. Do what you want in the moment with no regard for the consequences!! Do what has to be down to advance your agenda - no matter how many people are hurt or die! If it feels good, do it!!

Our society is in a moral and ethical freefall. We are unmoored from our history & families, reason & rationality. Personal responsibility is far behind in the rearview mirror of the flaming out if control clown car our society is riding. We elevate the most insane and perverse as role models. We have apparently jettisoned any internally consistent set of guiding principles because they interfere with the pleasures of the moment. Too many of us are emotional two year olds having screaming fits when we don't get our way. Most of the Left and half the the Right behave like unmedicated schizophrenics when they aren't acting out like they are demonically possessed. Witness the howling and screeching of the protestors at SCOTUS - like the Orcs at Helm's Deep FFS.

I have watched these trends for the last 20 years. I have little hope this ends well, if history is any guide. We are Sodom & Gomorrah, now. Or Rome 376 AD.


Bzelbob
Posts: 229
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Jacksonville
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Hmmmmm....makes me think what could possibly happen more important than Roe v. Wade in the approx. 7 months between now and November?

...Russian victory against Ukraine and the whining that will set off? ("How could this happen?")
...Or Joe Biden stepping down from office for 'sudden' health reasons?
...Or a Housing collapse due to all the people evacuating the 'Blue' cities?
...Or a Stock Market crash due to the Fed being *Forced* at last to seriously raise rates?
...Or the full tally of the 'Died Suddenly' crowd becoming impossible to ignore?
...Or the long predicted collapse of Health Care perhaps due to the above?
...Or the total collapse of the supply chain?
...Or (insert some other very likely thing here)...?

Feels like we're tap-dancing in a minefield. What could go wrong?

Stay Frosty.

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"Threats are illogical. And payment is usually expensive." - Sarek of Vulcan
Confused1
Posts: 85
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Ohio
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This action may have been taken for no other reason than horror upon seeing evil conservative justices' foul, unclean, Nazi hands touching the left's most holy abortion sacrament. Whoever did this will be lionized as a hero by the left.
Twiggler
Posts: 82
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Too Close To ScottJ175
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As I wrote yesterday - My vote is with TGs last statement.
Greenacr
Posts: 480
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Northern Ohio
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I am with Whitehat on this. "Why this and why now?"

Everything that occurs, 9/11, *****, Immigration, Jan 6th, this Supreme Court Leak appears to be deliberately orchestrated. The question that also needs to be asked is whether these or are one offs or part of a much larger plan. I hate to be a conspiracy nut but at some point you end up getting there.

The next logical question the is what is the end game?


Flappingeagle
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Great Ticker. This, like many other issues the Fed Gov has allowed itself into, is a state-by-state issue. If this becomes the law some states will try to make it illegal to travel to another state and get an abortion. That of course is unconstitutional.

Here's another take on the circus that I found to be interesting. https://greenwald.substack.com/p/the-irr....

Flap

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Here are my predictions for everyone to see:
S&P 500 at 320, DOW at 2200, Gold $300/oz, and Corn $2/bu.
No sign that housing, equities, or farmland are in a bubble- Yellen 11/14/13
Trying to leave the Rat Race to the rats...
Frat
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NKY
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I mentioned this in The Bar, and several times over the years, but abortion to me is the ultimate fencepost issue. I don't have a uterus, and do not agree with the ****ing moonbat liberals that men can get pregnant. As such, I don't think I have the right to tell anyone with said uterus what they can and cannot do with it. With that in mind, if I was party to the pregnancy in question, I also think it's bull**** that the man has no say either way; he can be on the hook for 18 years of child support payments without ever seeing said offspring, or can have his future child murdered without any choice about it. That's bull**** right there - you either are bound by it or not.

In the end, States' Rights issue, as it should be. If you want to use abortion as birth control, as reprehensible as that is, go to a state with evil bastards who feel the same way. If the state you're in feels differently - for whatever reason, moral, religious (not the same thing) or otherwise - you can pick up and go.

At least we can now use the liberals stupidity against them - it is no longer a "women's rights issue" - it's everyone's... since men can get pregnant, right?

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We're ****ed. There will be no happy ending here; there is no going back to 'normal.'. There are only bad outcomes and worse outcomes. And we don't get to choose those, either.
Tickerguy
Posts: 183838
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A True American Patriot!
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They may try that @Flappingeagle but it will be swatted down and FAST. In fact that sort of attempt may blow up spectacularly in the face of the states that attempt it, which will be good as the predicate for a bunch of other restrictions will go down with it if that occurs.

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Civil Society requires 99%+ consent.
Stop consenting and it is forced to stop. Always.
No violence required.
Tickerguy
Posts: 183838
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A True American Patriot!
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@Frat -- the real issue isn't abortion, if you get down to it.

It's everything in the social toolbox that is at risk if the 50 state laboratories return. Think about it that way and suddenly all of this makes sense.

What do you think happens to the entire left's paradigm if the opinion publishes, the 50 state laboratories return and prove conclusively that all the diversity bull**** and much related to so-called "equality" in this regard in fact forces WORSE outcomes?

How fast does all that OTHER **** get abandoned? Plenty fast, because if you don't abandon it then your business gets driven into the dirt by those who locate THEIR firms in the laboratory state and erect the middle finger. The worst part of it is that you can't stop it with more laws because not one bit of overt discrimination has to occur -- it's all natural choice which people make on where they live and what they do.

If you can't get an abortion in said state then those women and girls who don't want one will move there, and others will move away who do want one. Ok. How's that correlate with women who (1) want to be both wives and mothers and (2) don't want to be "Ms. Career"? And what does THAT do with regard to the competitiveness of firms in that state?

We don't know. The PRESUMPTION is that all of this "diversity" in that regard is GOOD. What if it is in fact a wildly-higher COST without benefit? If that is the case and it is lessened in said states..... oops.

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Civil Society requires 99%+ consent.
Stop consenting and it is forced to stop. Always.
No violence required.
Twainfan2
Posts: 571
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MN
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Given the response time on this by the left I wonder if it wasnt coordinated and known about before the report was released. Seems like the barricades went up awful fast and the protesters were Johnny on the spot.

Since the left is in charge of the DOJ you can expect nothing to come from any investigation. Garland wont do **** about it.
Greenacr
Posts: 480
Incept: 2016-03-15

Northern Ohio
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If the Supreme Court ends up deciding as the opinion is written maybe it will help reverse the infiltration of liberals into the Red State areas. We need the progressives to stay in their Blue pens and wallow in the $#!^ they have created
Tappedout
Posts: 82
Incept: 2020-09-21

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You raise excellent points about current access to pregnancy testing and pharmacological methods for pregnancy termination. I'm a little surprised those have not become standard talking points....yet.

With regard to; "You can bet that there will be an immediate internal investigation and everyone responsible is likely to find themselves with a piano dropped on their head professionally; to believe that in the modern era you'll get away with something like this yet remain unidentified is also wild-eyed crazy."

Professionally, yes. But they have embarked on a whole new career. Hero of the left. Martyr. Speaking engagements for 6 figures at all of the lefts favorite gatherings and fund raisers. Executive officer positions on all of the lefts pro- AB entities. Social media accounts with millions of followers. They will become the anti-Rittenhouse, and hailed as a hero. I don't believe that was the motivation, but I do believe that could be the result.

And now they don't have to work 80 hour weeks trying to make partner..........
Stoic
Posts: 95
Incept: 2021-09-12

LC SC
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@Blackcrow
Quote:
We have apparently jettisoned any internally consistent set of guiding principles because they interfere with the pleasures of the moment. Too many of us are emotional two year olds having screaming fits when we don't get our way.


I could write paragraphs on this but I will try to keep it brief. As someone who actually liked listening to my grandparents tell stories of their lives I was mostly interested in their childhood's and how they differed from mine. My conclusion from this very limited sample size is that the mindset of the average person changed over time and can be briefly summed up as:

Grandparents (all born between 1913 and 1922) - Life is hard and you are owed nothing. Nothing is free so you have to work hard for what you want but always distinguish want from need. If you can't afford it now (a want) don't buy it.

Boomers through today - Reverse everything above.

What changed? Television and mass marketing through said. Television is a propogandists dream. Direct access to almost everyone. The shows were called programming for a reason. The commercials created the "keep up with the Joneses" mentality. Everyone had it better than you but if you buy the new 1956 Cadillac your life will be so much better. Can't afford it and want it now? For 48 easy monthly payments make Bill Jones envious of you for once. The consumer culture was created and the "I want it now" generations were kicked started. Damn the consequences, I WANT IT NOW!

Yes this includes sex. What helps sell products? Sex. What is being pushed on kids from a younger and younger age? Sex. What is the consequence of sex? Eighteen or more years of not so easy monthly payments. How can these consequences be avoided? Don't have unprotected sex. Well yeah but I wanted it now and I didn't have a condom and she wasn't taking a pill so we just went ahead. Seems easy enough to have waited for a quick trip to CVS but the TV and now the internet and social media (TV on steroids) says that I shouldn't have to wait for anything so... Yep. Here we are. Abortion as birth control because "I wanted it now." It's my Constitutional right ya know.

And why are we still debating abortion as a "constitutional right" when a quick scan of the Constitution shows the word abortion to not be mentioned in it at all? Abortion is a wedge issue that divides the population so that the politician running for office only has to get that 1 vote. And the blood continues to flow and the masses continue to be riled up and the politicians continue to receive donations to either protect your Constitutional right to abortion or to do everything that he or she can to get Roe overturned. Ad nauseum.

It's going to be a long hot summer with a 100% chance of riots and chaos which make for good TV viewing for the so-called elite of the world. Enjoy the show.

Stoic






Donaldc
Posts: 24
Incept: 2008-03-18

Sunnyvale, CA
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@Twainfan2... "I wonder if it wasnt coordinated and known about before the report was released"
And notice that on the DAY it was leaked, Kamala was speaking at an abortion rights group event. WTF!!!
.
Yahoo "news": At a gala hosted by abortion rights group, Emily's List, Kamala Harris accused Republicans of waging war on women's rights, and urged advocates to continue the fight to restrict access to abortion.
Billhrny
Posts: 166
Incept: 2019-06-19

Alabama
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Not discussing my personal views on the abortion debate, has anyone actually read the draft decision? IMHO it's pretty well written and makes a lot of sense.

Also, I have never heard the word "quickening" used in that context....I can't get Highlander out of my head now.

Edward.fish
Posts: 194
Incept: 2021-12-17

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Whitehat wrote..
Smells like Biden.

@Whitehat -- Why do you say this? Biden can't even use a teleprompter or give a coherent speech, he's obviously a doddering old man and in [mental] decline, much less run an orchestrated political play. -- Biden is simply a puppet; do not fall into the trap of ascribing the horrendous policies we have being pushed into originating with him, do not allow them to ease your hate by sacrificing the puppet.

Whitehat wrote..
My curiosity has more to do with why this, why now.

I suspect that there are several things that it's being used as a smokescreen on: (1) the recently dropped Pfizer documents, (2) the push for "central bank digital currency" https://lynch.house.gov/_cache/files/5/0...., (3) maybe Ukraine/Russia? (+Hunter+Laptop?)... and possibly more.

Whitehat wrote..
There is always a risk that the old will not allow the young to make their own way but hold them back with only designated and controlled roles. Thus, it is a need to have them but not want the competition. This is what i propose created the Millennials' problems and to a lesser degree those of Gen X.

The whitehot burning hatred that the GenX who saw Boomers "pull up the ladder" have is incredible; most of the Millennial rage toward them is the personal betrayal, again and again: "get a degree, any degree, or you'll end up flipping burgers"+"take any job, even if it's flipping burgers" -- how Boomers view relationships as one-way, to their benefit (e.g. Trump and his demands for loyalty, while refusing to show any to his supporters, from physical-beatings to Jan 6th) -- the really sad thing is that most Millennials would try to take care of their Boomer relatives (parents/grandparents) if they needed it, but instead Millennials got the shaft with the 2020 shutdowns, which were arguably done to kill off small businesses as well as push their market-share to the mega-corporations... which just happen to be where Boomer pensions are invested.

Boredfree wrote..
With all the old ****s still running the show I guarantee nothing positive will come of anything that happens in D.C.
We are a dying culture being led by the soon-to-be dead who don't give a **** about anyone or anything but themselves.

@Boredfree -- Look up the composition of Congress; I had a picture, but lost it, and it was astounding how few Millennials (and GenX, to a lesser degree) are in either house: you could add both together and still they would be outnumbered by the Boomers.


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