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MSNBC Meet the Press June 4, 2024 08:29:00

when you read this, and put it together, what s going on? so i think with the leak that came this week from politico is the more extreme one, because we actually see the draft opinion, something that, to my knowledge, has never happened. so the process is, there was an oral argument in december. the justices all voted in the conference. nobody else was allowed into the conference. take a tentative vote. the seen nor most justice then assigns the opinion to himself, herself, or whomever, here it looks like it was assigned to alito and then that draft was circulated in february for comment by the other justices. it s, of course, possible that votes change, that sometimes happens but it s extremely rare. so what this decision says, and you started with stare decisis, it s so important because this draft decision says they re going to overrule roe v. wade, planned parenthood versus kc, it s extreme an opinion and looked like it was written by robert bork, the failed supreme court nominee

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MSNBC Meet the Press June 4, 2024 08:32:00

the law of the land, the court s credibility is staked on it. social expectations, crystallized around it. for them to overrule this, chuck, which is the superprecedence calls every other precedent a question from gay marriage to contraception, as you were talking about before with the mississippi governor. i want to ask about, in the draft opinion, alito tries to say, hey, i don t want this to be used for anything else. privacy can be used for contraception and privacy can be used to justify same-sex marriage. just because you say it doesn t mean it s true. we learned this with bush v. gore so why shouldn t folks who are in same-sex marriages be? i think they have to be nervous right now. it s the rationale that the court, that the justice alito used in the draft opinion. if that draft opinion rationale stays the law of the land, it says, the right has to be historically rooted in the deep traditions of the people. that is not a test that i think

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MSNBC Meet the Press June 4, 2024 08:31:00

what i think the draft opinion makes very clear is the court has never decided, over all of the decades, settled on what justification that would uphold in roe. that s been decisive since it came down. i think justices look at the text of the constitution and recognizing that perhaps the court had a hard time settling on justification because there s no right in the constitution on this complicated moral issue that properly belongs with the american people. when you read alito s opinion, did you say to yourself, would it change how you might defend roe or argued it in the first place? i totally disagree with my friend jennifer. there s nothing persuasive with the draft whatsoever. roe was a contentious decision but it was decided by a 7-2 majority of the court, five of the seven were republican appointed justices and the supreme court in 1992 sailed well past jennifer s point, they said even if roe might have different theoretical base cease, privacy, equal protection, whatever,

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MSNBC Meet the Press June 4, 2024 08:33:00

gay marriage would meet if you have that kind of really harsh reading, and it does reflect underlying conception, that some justices on this court, you know, pretend to be talking about the original intent of the constitution, and they are anything but when it comes to striking down the voting rights act, make up the doctrine when they call corporations people and make up the doctrine, not in the text of the constitution. jennifer, why should folks who were in same-sex marriages be comforted by what alito wrote in the draft opinion? with respect to neil, i think is flat wrong and president biden s marks acknowledged we ve got complicated questions here involving a child that makes this case fundamentally different from any other issue. we have another human life at issue. these are complicated questions. the american people feel strongly about and the language that neil is quoting deeply rooted from a 1997 opinion quoting opinions back to the 1930s. this is nothing new. this is an

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The Long Hand of Slave Breeding, Redux

The Long Hand of Slave Breeding, Redux
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