51 Comments

The words “woman” and “child” don’t appear in the Constitution, either. That’s because there weren’t any women and children in the 18th century.

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Yeah. Women and children were sorta like furniture. It doesn't get mentioned in the Constitution either, does it?

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whenever I see that famous painting Lucian posted above, I can't help wondering how it smelled in that room. nobody EVER mentions that.

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What about "handmaiden." Or something hinting at it?

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Absolutely admirable and amiably acerbic appraisal of assholery. Well done.

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Clever response!!

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Brilliant.

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Nice work. That opinion, which is one of the most hateful things I’ve ever read, would repeal much of the 20th century. Hard not to wonder who hurt Alito so badly that he could think and feel the way he does; that guy’s a freak.

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Yes, Bill, he’s a freak and one I’d like to get to my hands on!!

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And the way he "reasons" indicates that he's a pretty stupid freak. It appears his knowledge of the Constitution and the law is at an elementary level. Shouldn't we enact legislation that prevents dumb people from being confirmed?

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But Ellen, he’s not dumb, he’s evil and has no soul just like the rest of the White Traitor Party.

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Our present laws seem to make that result more likely than not, but as Roman Hruska almost said dumb people need representation too.

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Perfect skewering of hypocrisy and bigotry. The world continues to change at a pace some grumpy old white men cannot tolerate, I have to wonder how the debates among the Justices at the court will play out.

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Another great piece of work by LKTIV. While this column mostly concentrates on the antediluvian views of white men, especially those on the Supreme Court, let's not forget that a very significant number of these reactionary conservatives and many in the MAGA crowd are women. Stupidity has no XY chromosomal biological boundaries

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There’s more of us and less of “them”, however.

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Remarkable commentary. There has always been a hardcore states rights crowd in the United States. Most of the time they had little sway because the larger society dismissed them as reactionary or clinging to the 'Old South' Today we are witnessing the final handiwork of Senate Leader Mitch McConnell and his allies at the Federalist Society. It is best to remember that extremism finally defeats itself as most people become uncomfortable with shrillness and absolutism. Freezing everything in 1789 is not going to work. Populating the federal court with States Rights judges will eventually meet its reckoning. Republicans might win in 2022 but by 2024 the backlash will come as women, Gays, Jews and people of color become very loud and angry. This episode of extremism will finally pass. Let's hope it does so without political violence.

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I'm seeing "very loud and angry" NOW! In plenty of time for us "persons" to win the 2022 elections! I have been invited to join 3 new political advocacy groups in the past 3 weeks: 1 local, 1 regional, 1 state! Heading to one this afternoon to focus on how to convince "decent" Republicans to vote against our seditionist U.S. Representative. I'm feeling it, too!

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Wonderful MaryPat! Go get ‘em!!

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Agree, but it looks like the Dark Side already is already working on that. They are degrading the electoral process state by state, county by county, city by city, precinct by precinct. And if that doesn't get the job done, they are promising violence. I will risk my life to vote, but how many of us will do the same?

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I think there will be plenty of us to be alongside of you, Bob. When the ERA and Roe v. Wade was passed, there were not a lot of men backing us up. We were still fighting in Vietnam. This is different now. Decent men and women, girls and boys, saw in real time, an insurrection taking place on our sacred grounds. Some Repubs were actually disgusted. It’s those people who have to be persuaded to leave their treacherous party behind and it’s up to us to convince them to do so.

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Yes, we must persuade decent Republicans to vote for decent candidates, most of whom are now the Democrats. A small group of us are meeting in Northern Michigan to figure out how best to reach those folks in our region. Success has come with listening, giving facts and kind messages, then providing information about our moderate Democrats.

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MaryPat, you are doing admirable work and you’re being kind. I think I am beyond kind now. I have tilted toward the Theater of the Absurd.

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Our group meets at a place called Right Brain Brewery. I find that most apropos: Our goal is to get inside the voters' Republican heads and brew up something good!

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I love that!!

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So many good points made here: This is a revision of an earlier comment to add some additional thoughts:

It seems to me that the main argument of pro lifers is that all human life is sacred which sounds fine and noble, except many of the same people do not want to abolish the death penalty so obviously in their minds a condemned prisoner's life is far from sacred. They are also against gun control. so the proliferation of gun in the inner cities is well known as are the use of them on a nightly basis to kill people. So their lives are not exactly sacred either, Neither are the lives of drug addicts or even occasional drug users that ingest overdoses of opioids like fentanyl imported from China that the sellers put in less dangerous drugs. So every pro lifer who takes drugs is endangering not only their own lives but because of their addiction increase the demand even more than exists already keeping the drug pipelines going. The same people also resent black protests over police killings. So the victim's of police killing's lives are not that sacred.,Then there is the life and welfare of the mother to be: As has been discussed on TV many are poor and maybe have several kids already so if they can't afford to travel or have a back alley abortion. Either way the judges should have thought this whole thing out a lot more. A couple of them lied in their hearings too like saying there was a very well established precedent, and by law a fetus is not considered a person and then forgetting all about that statement once they were elected. And what happens as a senator stated recently when his wife's life was in serious danger as the pregnancy had gone badly wrong and the doctor said he was very sorry but the hos[ital board wouldn't allow him to abort the baby as there was a very weak almost imperceptible heartbeat. Luckily another hospital took her in and her life was saved. I do agree that as long as the woman's health is not co,promised and the baby is fully formed that r the woman shouldn't have waited so long to have an abortion and so there needs to be some restriction founded on medical science where abortions should not be permitted but instead allow the baby to be born and put up for adoption. But the six week thing is ridiculous, since obviously there may not even be an awareness that there is even a pregnancy. Some male legislators are really stupid when it comes to these things.What should be kept in perspective too is that out of millions of sperm cells only one fertilizes the egg, and often none do. They all die. Is that a crime too? They all had the potential to become a fetus, and then a baby.

There are metaphysical questions that remain unanswered; and that is the meaning of the sanctity of life which revolves around religion. the soul, God. If we have a soul when does it enter the body? If that question could be answered we could argue that prior to the soul establishing itself the fetus is just a body. so aborting it is no different that removing any group of cells like say cancer cells, a tumour. But again, if there is a soul and it enters the body at say 12 weeks and abortion takes place, would it just go back to spirit to await a future body? Maybe even relieved that its futur harsh physical life is delayed. If there is no such thing as a soul then what's all thus talk about life being sanctified and precious to God? Again the body (our body) would just be a group of cells that function for a number of years then die a natural death (or unnatural death as the case may be :)

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More on this from a medical journal:

* By the end of the first month, the fetus is about 1/4 inch long – smaller than a grain of rice.

* By the end of the second month, the fetus is about 1 inch long and weighs about 1/30 of an ounce.

* By the end of the third month, the fetus is fully formed. All the organs and limbs (extremities) are present and will continue to develop in order to become functional. The circulatory and urinary systems are also working and the liver produces bile.

At the end of the third month, the fetus is about 4 inches long and weighs about 1 ounce.

Since the most critical develop

Stages of Growth Month-by-Month in Pregnancy

First trimester

The first trimester will span from conception to 12 weeks. This is generally the first three months of pregnancy. During this trimester, the fertilized egg will change from a small grouping of cells to a fetus that is starting to have a baby’s features.

Month 1 (weeks 1 through 4)

As the fertilized egg grows, a water-tight sac forms around it, gradually filling with fluid. This is called the amniotic sac, and it helps cushion the growing embryo.

During this time, the placenta also develops. The placenta is a round, flat organ that transfers nutrients from the mother to the fetus, and transfers wastes from the fetus. Think of the placenta as a food source for the fetus throughout your pregnancy.

In these first few weeks, a primitive face will take form with large dark circles for eyes. The mouth, lower jaw and throat are developing. Blood cells are taking shape, and circulation will begin. The tiny "heart" tube will beat 65 times a minute by the end of the fourth week.

By the end of the first month, the fetus is about 1/4 inch long – smaller than a grain of rice.

Month 2 (weeks 5 through 8)

Facial features continue to develop. Each ear begins as a little fold of skin at the side of the head. Tiny buds that eventually grow into arms and legs are forming. Fingers, toes and eyes are also forming.

The neural tube (brain, spinal cord and other neural tissue of the central nervous system) is well formed now. The digestive tract and sensory organs begin to develop too. Bone starts to replace cartilage.

The head is large in proportion to the rest of the body at this point. At about 6 weeks, a heartbeat can usually be detected.

After the 8th week, healthcare providers refer to it as a fetus instead of an embryo.

By the end of the second month, the fetus is about 1 inch long and weighs about 1/30 of an ounce.

Month 3 (weeks 9 through 12)

The arms, hands, fingers, feet and toes are fully formed. At this stage, the fetus is starting to explore a bit by doing things like opening and closing its fists and mouth. Fingernails and toenails are beginning to develop and the external ears are formed. The beginnings of teeth are forming under the gums. The reproductive organs also develop, but gender is still difficult to distinguish on ultrasound.

By the end of the third month, the fetus is fully formed. All the organs and limbs (extremities) are present and will continue to develop in order to become functional. The circulatory and urinary systems are also working and the liver produces bile.

At the end of the third month, the fetus is about 4 inches long and weighs about 1 ounce.

Since the most critical development has taken place, your chance of miscarriage drops considerably after three months.

Second trimester

This middle section of pregnancy is often thought of as the best part of the experience. By this time, any morning sickness is probably gone and the discomfort of early pregnancy has faded. The fetus will start to develop facial features during this month. You may also start to feel movement as the fetus flips and turns in the uterus. During this trimester, many people find out whether their baby will be designated male or female at birth. This is typically done during an anatomy scan (an ultrasound that checks physical development) around 20 weeks.

Month 4 (weeks 13 through 16)

The fetal heartbeat may now be audible through an instrument called a doppler. The fingers and toes are well-defined. Eyelids, eyebrows, eyelashes, nails and hair are formed. Teeth and bones become denser. The fetus can even suck his or her thumb, yawn, stretch and make faces.

The nervous system is starting to function. The reproductive organs and genitalia are now fully developed, and your doctor can see on ultrasound if the fetus will be designated male or female at birth.

By the end of the fourth month, the fetus is about 6 inches long and weighs about 4 ounces.

Month 5 (weeks 17 through 20)

At this stage, you may begin to feel the fetus moving around. The fetus is developing muscles and exercising them. This first movement is called quickening and can feel like a flutter.

Hair begins to grow on the head. The shoulders, back and temples are covered by a soft fine hair called lanugo. This hair protects the fetus and is usually shed at the end of your baby's first week of life.

The skin is covered with a whitish coating called vernix caseosa. This "cheesy" substance is thought to protect fetal skin from the long exposure to the amniotic fluid. This coating is shed just before birth.

By the end of the fifth month, the fetus is about 10 inches long and weighs from 1/2 to 1 pound.

Month 6 (weeks 21 through 24)

If you could look inside the uterus right now, you would see that the fetus's skin is reddish in color, wrinkled and veins are visible through translucent skin. The finger and toe prints are visible. In this stage, the eyelids begin to part and the eyes open.

The fetus responds to sounds by moving or increasing the pulse. You may notice jerking motions if the fetus hiccups.

If born prematurely, your baby may survive after the 23rd week with intensive care.

By the end of the sixth month, the fetus is about 12 inches long and weighs about 2 pounds.

Month 7 (weeks 25 through 28)

The fetus continues to mature and develop reserves of body fat. At this point, hearing is fully developed. The fetus changes position frequently and responds to stimuli, including sound, pain and light. The amniotic fluid begins to diminish.

If born prematurely, your baby would be likely to survive after the seventh month.

At the end of the seventh month, the fetus is about 14 inches long and weighs from 2 to 4 pounds.

Third trimester

This is the final part of your pregnancy. You may be tempted to start the countdown till your due date and hope that it would come early, but each week of this final stage of development helps the fetus prepare for birth. Throughout the third trimester, the fetus gains weight quickly, adding body fat that will help after birth.

Remember, even though popular culture only mentions nine months of pregnancy, you may actually be pregnant for 10 months. The typical, full-term pregnancy is 40 weeks, which can take you into a tenth month. It’s also possible that you can go past your due date by a week or two (41 or 42 weeks). Your healthcare provider will monitor you closely as you approach your due date. If you pass your due date, and don’t go into spontaneous labor, your provider may induce you. This means that medications will be used to make you go into labor and have the baby. Make sure to talk to your healthcare provider during this trimester about your birth plan.

Month 8 (weeks 29 through 32)

The fetus continues to mature and develop reserves of body fat. You may notice more kicking. The brain developing rapidly at this time, and the fetus can see and hear. Most internal systems are well developed, but the lungs may still be immature.

The fetus is about 18 inches long and weighs as much as 5 pounds.

Month 9 (weeks 33 through 36)

During this stage, the fetus continues to grow and mature. The lungs are close to being fully developed at this point.

The fetus has coordinated reflexes and can blink, close the eyes, turn the head, grasp firmly, and respond to sounds, light and touch.

The fetus is about 17 to 19 inches long and weighs from 5 ½ pounds to 6 ½ pounds.

Month 10 (Weeks 37 through 40)

In this final month, you could go into labor at any time. You may notice that less movement because space is tight. At this point, The fetus's position may have changed to prepare for birth. Ideally, it's head down in your uterus. You may feel very uncomfortable in this final stretch of time as the fetus drops down into your pelvis and prepares for birth.

Your baby is ready to meet the world at this point. They are about 18 to 20 inches long and weigh about 7 pounds.

https://my.clevelandclinic.org/health/articles/7247-fetal-development-stages-of-growth

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The only acceptable Supremes were the group led by Diana Ross.

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And since the Court has already abolished the 15th Amerndment in Shelby County, etc., what's to stop them from abolishing the 19th?

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Other words not specifically in the ORIGINAL Constitution:

- In the United States, the federal constitution does not make a reference to GOD as such, although it uses the formula "the year of our Lord" in Article VII.

- The second clause of the First Amendment that deals with religion immediately follows the Establishment Clause: "Congress shall make no law respecting an establishment of religion, or prohibiting the exercise thereof." Where the first clause prohibits Congress from adopting any particular religion, the second clause ...

- AND, don't you like how in the mid 1970s, the NRA crowd side stepped a little phrase in the Second Admendment to claim gun rights. The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." In Federalist papers No. 29, Hamilton states that a well-regulated militia composed of the people will be more uniform and beneficial to the "public defense" of Americans. He argues that an excessively large militia can harm a nation's work force, as not everyone can leave their profession to go through military exercises. He argues that an excessively large militia can harm a nation's work force, as not everyone can leave their profession to go through military exercises. Thus, a smaller, but still well-regulated militia, is the answer. In the end, Hamilton concludes that the militia, as it is constituted directly of the people and managed by the states, is not a danger to liberty when called into use by other states to do things such as quell insurrections. This sounds to me like what we now call "The National Guard."

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Bob, YES! I am glad you brought up the NRA. Those bastards, along with Citizens United have completely ruined our country. They’ve maimed and killed innocents and they’ve promoted the worst of the worst to high powers. The sad and frustrating part is that they’ve gotten away from it!! May they all leave this earth but not until they’ve suffered a slow and agonizing demise. Yep, that’s where I’m at now and I make no apologies.

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Exactly.

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For how many pages does Alito's draft opinion drivel on? All that sophistry about a failure to mention abortion, or any other rights that are specific to the condition of women. 'Personhood' is generic, as a matter of legal drafting style, because substantively, the idea was to avoid making distinctions where no difference in treatment or application where none was intended. How else could female slaves be included within the ambit of 'such other persons from whom service may be required' --- reading between the lines means treating constitutional language as terms of art. All law is like that. Sam Alito knows that, but he has a fixation about abortion. He's supposed to know better. A constitution is intended to deal with life as it is lived.

Great Britain functions without a formal, written constitution. Other countries have constitutions that make great promises in terms of rights, and yet they exist as a tyranny. Every American state has its own constitution. Rights guaranteed by state constitutions are equally enforceable as federal rights, and frequently more expansive.

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Another good one from LKTIV!

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Bravo, Lucian.

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Excellent article.

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Now, I can certainly understand why people would want less government control of abortion. "Send it to the states," they say. So, in that vein, wouldn't it be even more reasonable to bypass the states and let the woman make the choice for herself?

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