I just want to say this right at the start: fuck you, Sam Alito. Fuck you in the neck.
I was going to write a few paragraphs describing the role of SCOTUS draft opinions, because that’s important. I was also going to natter on about how Comrade Trump and the GOP have gutted the integrity of the Supreme Court. And I thought about saying something about unenumerated rights in the Constitution. All that stuff is important and deserves to be discussed. But mostly I just want to say why Justice Sam Alito should go fuck himself.
First off, he writes this: “Roe was egregiously wrong from the start.” Obviously, I disagree. But that’s not why Alito should go fuck himself. I mean, I disagree with lots of folks about lots of things. Believing Roe was wrongly decided is a valid opinion even though I happen to think it’s stupid.
No, Alito should go fuck himself, in part, because in his draft opinion he goes on (oh, it occurs to me that I should include a link to the actual draft opinion in case you want to read it, so here it is) to make this argument:
It’s time to heed the Constitution and return the issue of abortion to the people’s elected representatives. “The permissibility of abortion, and the limitations, upon it, are to be resolved like most important decisions in our democracy: by citizens trying to persuade one another and then voting.” That is what the Constitution and the rule of law demand.
This is a bullshit argument for a metric fuck-ton of reasons. First and foremost, it’s galling for SCOTUS to claim the answer is voting AFTER they’ve helped states gut voting rights. Fuck you, Sam Alito, in the neck. If SCOTUS says 1) states can gerrymander voting districts (which are also Congressional districts), and 2) states can impose arbitrary partisan restrictions on voting places and voting times, and 3) states can impose partisan methods of voting identification (like accepting a concealed weapon permit, but rejecting a student ID), and 4) states can impose arbitrary restrictions on absentee voting or voting by mail, then SCOTUS is an irresponsible asshole for claiming the answer to any important civil question is voting.
You CANNOT eviscerate voting rights and then claim voting is how important decisions should be made. Fuck SCOTUS and Sam Alito in the goddamn neck.
But wait, there’s more. Alito also argues that any ‘unenumerated right’ “must be strongly rooted in U.S. history and tradition.” Unenumerated rights are those NOT specifically mentioned in the Constitution. The right to privacy is an unenumerated right. There’s nothing in the Constitution that explicitly says we have a right to privacy. But a LOT of SCOTUS cases have depended on that right. For example:
- Skinner v Oklahoma, which said a law allowing convicted criminals to be sterilized was unconstitutional.
- Griswold v. Connecticut, which said a law banning contraceptives was unconstitutional. The case made it legal to use birth control.
- Loving v. Virginia, which said a law banning inter-racial marriage was unconstitutional. The case made it legal to marry somebody of a different race.
- Lawrence v. Texas, which said a law against two persons of the same sex engaging in certain intimate sexual conduct was unconstitutional. The case essentially made it legal for gay folks to have sex.
- Obergefell v. Hodges, which said a law banning same-sex marriage was unconstitutional. The case made marriage equality legal.
That’s five cases I can think of without any real research. None of the issues in these cases are mentioned in the Constitution; they all depend on the unenumerated concept of a constitutionally protected right to privacy. If, as Alito argues, these rights “must be strongly rooted in U.S. history and tradition” in order to be constitutional, then all of these cases can be overturned. I mean, there WAS NO history or tradition of allowing inter-racial marriage when Loving was decided. Hell, for that matter, there WAS a history and tradition of banning inter-racial marriage.
If/when Roe is overturned, then look for marriage equality to be threatened. Look for the right to contraception to be threatened.
That’s why Sam Alito should go fuck himself. So should Clarence Thomas, and Brett ‘I Like Beer’ Kavanaugh, and Neil Gorsuch, and Amy Coney Barrett. And so should every motherfucker in the Senate who voted to approve them for the Court. And so should everybody who voted for every motherfucker in the Senate who voted to approve them.
There are a whole lot of people who should go fuck themselves in the neck.
EDITORIAL NOTE: Burn the patriarchy. Burn it to the ground, Burn it to the ground, collect the ashes, and grind them into powder. Bury the powder deep in the earth, and salt the ground above it so nothing will ever grow there. Pour cement over the salt. Then nuke the entire site from orbit (it’s the only way to be sure).