132 Comments
May 24Liked by Robert B. Hubbell

Robert, thank you for your wisdom in helping us sort the polycrisis without being overwhelmed. “No single person should feel obliged to support every cause, fight every battle, and support every candidate. There are more than enough of us to do it all—if each of us does our part.”

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May 24Liked by Robert B. Hubbell

Excellent advice, Robert! The Republican "flood the zone" strategy, combined with the media's shiny object obsession, keeps us spinning. We need to pick and prioritize our battles individually. If enough of us do that, we can succeed and save our nation.

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Strength in numbers. Register Democrats -- win the war.

https://www.fieldteam6.org/

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Thanks for the reminder about Field Team 6. Just became a monthly donor. It seems to me that our biggest impact is at the fulcrum of registration and turnout.

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I too donate to fieldteam6.

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Thanks to Jessica Craven we chose https://www.fieldteam6.org/ for our largest support.

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Don't just register, get out and vote whenever the opportunity arises. There are still local elections including primaries coming up before the November date. Remember also to vote all the way through the ballot; in many cases, local elections are more important than the national ones that get all the press and much of the money.

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Nobody is saying that. But to vote, need to be registered and these are Democrats.

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We're in agreement Daniel, I just tend to get ahead of myself sometimes.

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Hope so -

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founding

Gary, while you and Robert are correct, this latest SCOTUS decision is a bit overwhelming and appalling and scary. As I quoted Robert in a previous post, “they are coming at it all….”

The next several months with this extremist court will shake the timbers even further. I shutter at the thought of how they will twist themselves and constitutional law in regard to Trump’s immunity. I expect the worst. We have a mob boss and tactics by a lawless and psychological self serving and ideologically serving Republican presidential candidate and Republicans who are embracing him. The notion of the House Speaker and SCOTUS justices embracing an insurrectionist flag(s) is terrifying.

On its face, I agree with you and Robert. But for the immediate moment what we are seeing and hearing is unsettling to say the least.

I indulge this moment fully recognizing the best approach is to do what I can. But I am upset, pissed, and outraged by the assault on our country’s founding principles and Constitutional laws.

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John, I’m with you on not shutting out your feelings, including those of being overwhelmed. I expect that you have good ways to cope. My challenge at least is to cultivate resilience after feeling overwhelming stress. None of this is easy. I hope that makes sense.

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founding
May 25·edited May 25

Gary, Yes! It makes sense, but once in a while a good scream is in order. And today's news of the SCOTUS decision is one of those moments. Our country is under attack in the same way it was in the 1860s. Although we are not experiencing armed combat, I see no difference between 2024 and the Civil War. That is shocking, alarming, and demanding of the strongest response possible by President Biden and elected Democrats as well as we voters.

Yes! We were alerted by many like, Robert Hubbell that these months prior to the election would be rough. That truth is becoming abundantly clear and distressing when I recognize how broadly this destructive rhetoric and actions of many extremist players in this moment are - from the former president, the House Speaker, MAGA extremists, governors, and judges like Aileen Cannon. Interestingly enough, DJT, likes to go to his rallies and say, "they are not only coming for me, they are coming for you."

"Well! Mr. Trump, you are a liar and you and your insurrectionist followers from the courts to the local communities are coming for us and we will not stand idly by as you attempt to tear our country apart to keep yourself out of prison."

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I think the nail on the coffin of Democracy rests on the immunity case and how the Supreme Court will word it to have it both ways, skirting around the real meaning of minute while giving Trump cover. Right now it’s the vote and only the vote. Thanks Robert.

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Leonard Leo should be called to a grand jury. If he won't divulge all the judicial beneficiaries of his largesse with specifics, indict him.

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Sounds good but he is a very rich person with tons of lawyers at his disposal and hence untouchable

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That's what they all say.

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What’s the alternative

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What are you talking about? IMHO this should have been done long ago. If they grant him immunity, he would have no 5th Amendment rights. IMHO hundreds of potential co-conspirators/ material witnesses. Same with Crow.

At a minimum, all judges involved have violated the financial disclosure statutes, which rise to felonies. Conspiracies. Perjury.

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Maybe they have violated some financial disclosure act but it’s not enough to impeach them.

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I don't know about that. Both Bill Cosby and Harvey Weinstein ended up in jail. Steve Bannon is going and Martha Stewart served time. You never know. (And let's not forget E. Jean and the Trump organization to the tune of half a billion dollars.)

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True but at the end of the day the courts won’t save us voting will.

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Is it not time to act? Is it not time for desperate measures to be deployed? Is it not time to make them an offer they can’t refuse?

Every engagement you proffer is based on a rules based society, it’s not working. The Fascist Christian Nationalists are not operating under any kind of rules whatsoever. They are doing everything they want unabated. We need an organized action that meets them where they are. Anything less is a waste.

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What do you suggest?

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Paul, If I were to speak in the bluntest of words what I believe is necessary, I would be hit from almost all sides with: "You're crazy", That can't happen", It's not who we are", Don't be stupid". Which is why over the years I have used such metaphors as "Desperate Times, Desperate, Measures" or "Make them an offer they can' refuse". or "A fish rots from the head, cut off the head, the body withers and dies".

We. Have. Been. Attacked. From a Domestic Enemy! We. Are in a war! Witnessing an ongoing Coup d'état. I want to see action taken by those we have put in charge of matters of the country! I don't care to know what it is they do, just to see public facing results. I would like to hear that Congress has passed a Domestic Terrorism Statute, it is immaterial to me what the Dems have to do to get Rs on board with that. Just do it! I want to hear that the DOJ, FBI, Homeland Security, and whoever else, have taken steps to DEFEND OUR DEMOCRACY! There is a high likelihood that November could be the last election this country sees, should Trump be elected.

The GOP Insurrectionists in Congress lead by Mike Johnson are unilaterally responsible for the delays in aid to Ukraine, Should it fall, NATO is threatened. And Trump is pushing for that. The recent Flag controversy with Alito is directly connected to the Jan 6th insurrection, which by the way Johnson was neck deep in. Alito was part of it. And we have Former Gen. Mike Flynn training people in urban warfare on his compound. I don't have the piece of reporting in front of me, I believe it was a Frontline report. But The Warning with Steve Schmidt, here on Substack has an essay containing that information. That is where i learned of it.

Read this article, see this Documentary, read the Time Magazine interview with Trump.

https://time.com/6972021/donald-trump-2024-election-interview/

https://washingtonspectator.org/nelson-cnp/

https://www.badfaithdocumentary.com

These people are pressing forward unabated. Do you really think that a blue tsunami level election in November is all that it will take to put things back on course?

When Jeffery Epstein was finally arrested and locked up pending arraignment or whatever stage his criminal circumstances were at. And then found dead while in custody in his cell, knowing all that he knew about Trump et. al. Do you believe that was suiside, happenstance or an accident? Please.

You may think me Nuts, but I encourage you, go ahead and fact check all of this. With the exception of my belief regarding Epstein, which I did not come up with, it's all on Substack from credible sources. I am scared to death at what we are facing, and the feckless way we are facing it.

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Sam, I do not think you're nuts. I like your ideas. I just don't know how to get from here to there.

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I am reassured by that, thank you Paul. It would seem for us as goes the parlance, “There in lies the rub”.

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😀

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Yes, Robert, we must keep voicing our demands. Over the past several months, I have been contacting my reps to tell them what I want to see happen. I remind them that I am well aware that Dems don't yet have the votes to get term limits, a rebalanced court, et cetera. But I am keeping these issues on the front burner for them to prepare themselves to act come January 2025 when we retake the House and expand the Senate.

Yesterday, I sent this 9-minute video (O'Donnell's interview of Senator Whitehouse) to my two Dem senators and congressmember, along with my urgent request that they push Durbin to call for the recusal of Thomas and Alito at the very least. Starting at minute 5:45, the Senator states that the recusal requirement is a law passed by Congress, specifically applicable to the Supreme Court justices. "So, when they pay no attention to it, they are actually violating statutory law..." I am not sure what law he is referring to, as S. 359, the Supreme Court Ethics, Recusal, and Transparency Act of 2023, has yet to be passed. Perhaps someone here knows which law he is talking about.

https://www.youtube.com/watch?v=yjbySDDhUbc&t=29s

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I also watched the O'Donnell interview with Senator Whitehouse (who in my view would be an excellent Chair of the Judiciary Committee) and was surprised that there actually was a law concerning the possibility or even requirement of recusals in certain cases.

But then again, would it help? For Democrats, it seems there is the rule of law, For Republicans the "presumption of good faith" applies.

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Durbin has called several times for their recusal but Chief Justice Roberts turns a blind eye.

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Unless DOJ files a motion, everything is extrajudicial and can't be considered.

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Daniel what would the motion be? I confess I am ignorant of what process the DOJ would employ.

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An emergency motion to recuse, alleging bias. Need to attach affidavits showing bias. Bias is not that he rules against us, it's that he is ( maybe they) are disqualified factually. 28 U.S. Code § 455 - Disqualification of justice, judge, or magistrate judge

(a)Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

Doesn't mean it will work, but never up, never in.

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May 24Liked by Robert B. Hubbell

"Most of the world's work is done by people who don't feel very good at the time." Winston Churchill's words ring as true as ever now that our own Supreme Court has devolved into a pack of wild heathens who are willing to exhume our Founding Fathers and Mothers, and rip them to shreds. Li'l Sammy Alito is doing Monster Putin's work now, and he appears to be feeling pretty damn good about himself, and his work. John Roberts will never get the legacy he worries about building on, and protecting. I see The NY Times today published and oopsie story about why their polls got it wrong. Bravo to all who informed them of their displeasure with their dangerous foolishness! They fooled no one with a normal brain. No one. Arising early this AM , I felt such gratitude for Robert, Heather, Simon, and so many other Substack writers who pour themselves into Americans, and America week after, month after, year after as long as it takes , to preserve our democracy. Now, off to see the new orchid blooms. Vanda, my favorite variety. It's blue. Go out and make some good news of your own today.

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Please provide link to Times “oopsie story”.

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May 24·edited May 24

If Senator Dip Durbin is any example of Democratis Party fortitude, we are deeply in dire straights.

Pardon my French, or any other sound from my mouth, but call that motherfknnsombtch traitosrass

Wimp of no principle coward often and angrilly!! (202) 224- 2152

Scream and yell at his staff, if they have the courage to pick up the phone. Let them know he is complicit in doing Putin's work for the insurection and coup de tat, as it is already planned.

Does he fear the inevitable and hoping for safe harbor??

Gaaa!! I'm infuriated by such cowardice. Deep breath in the morning, but the threat is real. You know it, Robert knows it, and councels us in focus and perceverence. I'll be here in the morning too.

Sleep tight, all.

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I agree. The cowardice of Durbin and other Dems is emboldening the radicals on the SCOTUS and Congress in general. You can be quite certain that if Ketanji Brown Jackson and Sotomayor had ruled the way Alito and Thomas have, Republicans heads would be exploding.

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It’s not cowardice but someone trying to work within the existing system which is broken and not having the votes to fix it.

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We know that but he could at least speak out, and often.

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I came here to say the same dang thing!

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I agree with all you say here, Bob, but unfortunately, the power to begin impeachment proceedings against Alioto is the exclusive property of Kiddieland, er, I mean the House of Representatives. The likelihood of such a thing happening there is right up there with the sun rising in the west tomorrow morning. And (quelle surprise) Thomas believes Loving v Virginia (interracial marriage) was correctly decided/

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author

You are right, TC.

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If they are jailed, they won't be deciding any cases.

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May 24Liked by Robert B. Hubbell

Heather Cox Richardson said the following which basically says that where people get their news determines what they believe and thus many of the outrageous comments and actions go unnoticed. “ Tempting as it is to blame the media for its relentless focus on bad news rather than good, a study from NBC News at the end of April showed that those who follow national newspapers and media swing heavily to Biden, while those who either don’t follow politics or get their news from YouTube and social media favor Trump or Robert Kennedy Jr. “

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The question is, which is the cause and which is the effect. If people take the time to read newspapers, they may be more discerning and edcuated than those who do not. So the conclusion may not be that newspapers are fairer, only that their readers are smarter and more discerning.

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While I certainly agree with you that there is obvious racist motivation to the Supreme Court’s decision, I am even more disturbed by the notion that partisan gerrymandering is okay.

The entire thrust of current Republican “thinking” is that they are the only legitimate or true Americans and that we, Democrats, are an invasive species in the body politic.

There simply must be a response to such provocation.

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Mark Joseph Stern wrote about the partisan gerrymandering issue. Previously, the court said that partisan gerrymandering was not justiciable. That is not the same thing as saying it is legal or constitutional. In Alexander, Alito and Thomas said it was legal--effectively repudiating the one-person-one-vote standard. Unbelievable!

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Robert, this may be wishful thinking but if our neighborhoods were more mixed, gerrymandering wouldn't be possible. So how about we figure out how to make that happen?

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Flooding the zone, multiple six alarm fires going on simultaneously, multiple court cases delayed and subverted, so many outrageous things happening at once on the right, plus muddled thinking on the left and we're heading off the cliff. We forgot Mike Johnson gathered many Republicans to refuse to certify the election results and wanted to overturn the election in 2020. He's speaker now! He seemed like a better solution than chaos. We all celebrated the bi-partisan victory of aid to Ukraine, but I fear we've been duped. One little victory to appease the Dems while they, the MAGAs, keep their eyes on the big prize: a White Christian Theocracy. (How does Clarence Thomas fit in? TBD.) As usual, Dems play by the rules, actually believe in good intentions, and the cynical GOP maneuvers, grabs what they want, rules be damned. All that matters is power.

This article by Thomas Hartmann ought to make us quake in our boots. Even if we win we may not win.

https://hartmannreport.com/p/the-new-over-the-top-secret-plan-518?utm_campaign=post&utm_medium=web

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May 24Liked by Robert B. Hubbell

BTW, in spite of Mr Hartmann's dire prediction, it may be misdirected. Johnson will not be seating the 119th Congress unless he's first elected as its new Speaker. Unlikely if the Dems retake the House.

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Excellent point! And Kamala Harris will still be VP when the electoral vote is counted on 1/6/25. And the revised Electoral Count Reform Act will limit objections. And Democrats will control the House, so no objection will pass. And Joe Biden will be in charge of the DOJ and Department of Defense and be Commander in Chief on 1/6/25.

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Oh THANK YOU for this counter intel. I was feeling round-the-bend when I read Hartmann.

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Important to read Hartmann with some discernment. He can sometimes be a "bomb-thrower" at the oddest times - latest example was him amplifying the rumor that Speaker Johnson was going to refuse to seat Tom Suozzi earlier this year.

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Johnson's Speaker now, indeed. Two heartbeats from pardoning DJT, selecting DJT as his VP, resigning the Presidency, thus making DJT POTUS BEFORE the Nov election.

Two heartbeats. Let that sink in.

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May 24·edited May 24Liked by Robert B. Hubbell

When the people at the highest levels of anything don't follow the basic rules of the business (government, private, profit, nonprofit), the rest of the organization loses its footing. Fish rots from the head down takes on gigantic proportions when America is the fish. As a California lawyer licensed in 1983, I have seen (and studied) this rotting fish we call a legal system and profession. I, nonetheless, was shocked to see what Alito thinks of the ethics of this rotting profession. I was shocked to see what licensed lawyers were willing to do for Trump since 2016 - not so much because they were unethical (which, sadly, is not a surprise to me), but because they were willing to do it so openly. Some state bars have limped to take action against them, but Alito and Thomas take the cake, just as Roberts' inaction does. Frankly, it makes me sick to my stomach. I have spent many hours throughout my career thinking through the many ethical conflicts that confront lawyers all the time. To see licensed lawyers (and jurists on every level of our "esteemed" bench) act publicly in ways that have kept honest lawyers awake at night, makes me sad to be a lawyer. I'm sure it bothers Robert, too, and all lawyers who have struggled to uphold the ethics of a rotting profession, the third leg of our tripartite constitutional democracy. The public has been unable to see the rotting of the legal profession, which has itself rendered the system sick, until now. Alito's flag says it all. The complicity of Roberts and the MAGA contingency on our highest court will lead to gangrene at the lowest levels of our legal system. If we could see the future, we would see a complete cracking of the legal foundation of this society - even if Biden wins. When the likes of Alito and Thomas are protected by the Chief Justice and the other three lifetime appointments (who were forced upon us by power-hungry Republicans, including McConnell) - and when the stench from the rot goes unnoticed by the unwitting public, we are in bigger trouble than we can even see.

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I had a dream last night. In the light of all the current madness, my brain needed some relief, I guess.

Merrick Garland was on the Supreme Court. Alito and Thomas had been impeached. Jack Smith had been appointed Attorney General.

Trump had been arrested in the Summer of 2022 following the search that found Top Secret documents in a bathroom used by guests. Due to evidence that Trump had shown the documents to others, he was placed in high security detention - as a flight risk and as a risk to National Security.

AG Smith made an announcement that detailed the several trials that would proceed. The scheduling of each was created in coordination with state AGs (Georgia and New York) and presiding Federal judges.

The Top Secrets case was scheduled first because of the obvious guilt and the obvious treason.

The "Insurrection" trial would be last - after the NY and then the Georgia trials established a clear pattern of election interference.

Trump is being held in a comfortable but sparsely furnished cell. The TV is permanently tuned to CSPAN. His food is good. The menu is designed and supervised by Sanjay Gupta who said: "It is my mission to keep former President Trump alive long enough that he complete his journey to justice."

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"Make it so!"

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I wouldn't mind living in your dream. The world I wish we all were in.

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For those who wish to read a further detailed legal-but-also-in-understandable English reminder that Chief John Roberts has done more to damage democracy than anyone since the Civil War, the non-partisan Campaign Legal Center has documented a 15-year PATTERN of his decisions on elections at: https://campaignlegal.org/sites/default/files/2022-07/CLC%202022%20SCOTUS%20Report_final.pdf.

It may be hard to fathom that Roberts is actually more dangerous to our future than Trump. Roberts is smarter in his misrepresentations and patient step-by-step movement to solidify the wealthy, White, male Christian autocracy we now face. While his assertions that "we're a post-racial society" is so blatantly wrong, he still smirks at all of us who care. Only a resounding Democratic turnout can take us as a nation off the track he has built.

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Many thanks, Stephen, for the link to the report.

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Robert shares that "In Louisiana, possession of <mifepristone> without a prescription will be treated in the same way as heroin and cocaine. Apparently, the overwhelmingly male Louisiana legislature views women’s healthcare as inherently dangerous." This crazy legislation inspires my curious mind to ask two questions: 1) why would any female ever move to Louisiana for college or a job, and 2) is it possible to be more glaringly misogynistic?

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I had a difficult conversation with my daughter last week. You see, she has made a conscious decision to never have children. With the possibility of birth control being made unavailable to her, she is now trying to find a way to save money to have a tubal ligation procedure. I find the reality of never having grandchildren heartbreaking, but I respect that this is her decision, and will support her.

The prospect of birth control becoming illegal does leave me with many questions, though. First of all . . . WHY?!?! Abortion rights are taken away, now go after the means to prevent the pregnancy that would necessitate an abortion??

Does this mean condoms will be illegal, thus leading to exploding cases of STD’s?? What’s to happen to women who take oral contraceptives for reasons other than birth control, such as PCOS?? So many more questions and considerations, but for me, the overarching question will always be . . . . Why???

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Those about to make these laws about women's health do not base their decisions in evidence based medical practice. They are not medically trained for the most part and are very limited in their view. The many other uses for medications and procedures (that undoubtedly their family members use) are not of concern it appears. I doubt they ever heard of PCOS. As I pointed out to one relative there are 12 other kinds of "abortion" in medical categorization. <https://www.merckmanuals.com/professional/multimedia/table/classification-of-abortion>. In one state the legislator who sponsored an abortion bill found out afterward about the health crises/near deaths of those with ectopics, incomplete miscarriages, etc. and decided he should change the law that he wrote. I am not a lawyer or legislator but it seems imperative to consider all the facts before legislating; and listen to the (for example the 100s of docs in Louisiana re: mifepristone) - people who actually do the work.

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The Justice Dept needs to investigate Alito and Thomas for bribes and corruption. The evidence is right there in plain sight, and yet nothing is done.

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