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Morning Briefing

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Monday, May 16 2022

Full Issue

Justice Clarence Thomas Slams Leak; Pelosi Blasts Court As 'Dangerous'

The Supreme Court is under scrutiny from inside and out as an official decision on abortion rights draws near.

Justice Clarence Thomas, the longest-serving sitting member of the Supreme Court, declared Friday that the publication of a draft majority opinion on abortion has permanently damaged trust within the nation鈥檚 highest court and is a symptom of a broader decline in America鈥檚 institutions. 鈥淚 do think that what happened at the court is tremendously bad,鈥 Thomas declared during a discussion at a conference for Black conservatives in Dallas. 鈥淚 wonder how long we鈥檙e going to have these institutions at the rate we鈥檙e undermining them and then I wonder when they鈥檙e gone or destabilized what we will have as a country and I don鈥檛 think the prospects are good if we continue to lose them.鈥 (Gerstein, 5/13)

Speaker Nancy Pelosi (D-Calif.) on Sunday said the current Supreme Court is 鈥渄angerous鈥 for families and freedom in the U.S., as justices appear poised to overturn the 1973 landmark decision legalizing abortion in the U.S. Pelosi, during an interview with co-anchor Dana Bash on CNN鈥檚 鈥淪tate of the Union,鈥 said if the court scales back abortion rights on the federal level, restrictions on marriage equality could be next. (Schnell, 5/15)

Speaking to NPR, [Senate minority leader Mitch McConnell] claimed that the whole point of the Supreme Court is to make decisions that most of the country doesn鈥檛 agree with. 鈥淔or the Supreme Court to on any issue, to reach a decision contrary to public opinion it is exactly what the Supreme Court is about,鈥 he argued. 鈥淚t鈥檚 to protect basic rights, even when majorities are in favor of something else, that happens all the time.鈥 McConnell then chose to bizarrely point to the issue of flag burning, the prohibition of which the court ruled in 1989 was a violation of the First Amendment. 鈥淚f you took public opinion polls on that issue, people would overwhelmingly support a legislative prohibition of flag burning, but the Supreme Court interpreted that as a violation of the First Amendment freedom of speech.鈥 (Levin, 5/13)

An editorial in the Lancet warns against overturning Roe v. Wade 鈥

One of the world鈥檚 oldest and most well-known medical journals published an editorial on Thursday warning that if the U.S. Supreme Court were to confirm Justice Samuel Alito鈥檚 draft opinion to overturn Roe v. Wade, 鈥渨omen will die.鈥 鈥淭he fact is that if the U.S. Supreme Court confirms its draft decision, women will die,鈥 the Lancet said in its editorial. 鈥淭he Justices who vote to strike down Roe will not succeed in ending abortion, they will only succeed in ending safe abortion. Alito and his supporters will have women's blood on their hands.鈥 (Stableford, 5/13)

What is so shocking, inhuman, and irrational about this draft opinion is that the Court is basing its decision on an 18th century document ignorant of 21st century realities for women. History and tradition can be respected, but they must only be partial guides. The law should be able to adapt to new and previously unanticipated challenges and predicaments. Although Alito gives an exhaustive legal history of abortion, he utterly fails to consider the health of women today who seek abortion. (5/14)

In related news 鈥

When Donald Trump ran for president in 2016, he promised to appoint Supreme Court justices who were certain to overturn Roe v. Wade. And he did just that.聽More than anyone in Republican politics, Trump reshaped the court so that the landmark abortion rights ruling was bound to fall. Yet the former president, always eager to tout his every accomplishment, has been uncharacteristically quiet about his own decisive role.聽(Nicholas, 5/14)

Moments before the Senate took a doomed vote on abortion rights Wednesday, it fell to Sen. Patty Murray 鈥 the highest-ranking Democratic woman and the party鈥檚 preeminent leader on health care 鈥 to sound a rallying cry against those seeking to reverse Roe v. Wade.鈥 To everyone who is scared, everyone who is furious, know this: They have some big roadblocks in their way 鈥 me, Senate Democrats, House Democrats, and millions of patients across this country who are going to stand up and speak out,鈥 she said. (DeBonis, 5/15)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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