72 Comments

The paragraph about Professor Tribe's article was fascinating and completely news to me. I can't wait to read the entire article. Thank you.

I told my husband this morning the next two months here will be like when I was working full time. I want to leave everything on the table by Election Day. If there are readers in North Texas who want to be involved in voter registration (not online and required 30 days prior to election), please see my cheatsheet: https://docs.google.com/document/d/1YiYRE6kBi_5BpxsdkIMQ8MrbNzR5cv8Y/edit?usp=sharing&ouid=101527070974081088657&rtpof=true&sd=true

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Pinning this comment to the top so readers in North Texas will see your invitation to join you in voter registration efforts. Thanks for all you do!

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Thank you so very much I just told my (very supportive) husband he can pretend that I've come out of retirement and back to work full-time, as, come what may, I want to feel I've done everything I can.

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Aug 31, 2022Liked by Robert B. Hubbell

Heather and Hubbell, the political Green Stamps. Collect them all and you can keep your sanity.

(Only some of us will get the reference.)

Thanks Bob.

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Wow! Out of nowhere, you reminded me that my mom collected S&H Green Stamps as a way of helping to provide for a family of six (4 kids) when she only 22!

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Yup. Green Stamps and "Top Value Stamps" were part of the culture for those of us with limited recourses. And coupon clipping. My Dad would drive my Mom to three grocery stores each Thursday night (pay day) to buy the specials and redeem the coupons. All of this was like a part time job.

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"S&H Green Stamps" bought my Dad's company in 1967. Sperry and Hutchinson was one of a series of companies that owned Bigelow. In the shuffle between owners, Dads pension was "disappeared". The Feds did provide some pension insurance for a fraction of what he was to get. Capitalism at its best. Enriching stock holders and bleeding employees.

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Ouch! IMO, greed aka capitalism is the root cause of our environmental catastrophe, among other things. You illustrate how S&H betrayed your dad’s trust with promises of an earned benefit, his pension, then absconded with it. Must have had taken a toll on your family, Bill.

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I remember Green Stamps.

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Bought my first set of dishes with them! Saved for nearly a year.

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S&H! Showing my age lol.

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Yes! Maybe Bob has an S somewhere hidden. My mistake.

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I find myself gravitating towards your daily posts as a newborn does to his mother's milk!! And, along with that comes the motherly instinct to protect her loved ones!! I gasp at the amount of research that you clearly do for each paragraph!! The enormity of your daily accomplishments is stunning. I guess I just want to say 'take care of yourself!' And, I thank God you have such an amazing woman at your side! Long may you wave, Robert. You are truly making a difference!!

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Thanks for your kind words, and especially for recognizing Jill's importance to the newsletter enterprise. Were it not for her support, generosity, and counsel, the newsletter would not exist.

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I know!!! Your blessing is ours too!! xx's

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Amen!

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Laurence Tribe's Deconstructing Dobbs is a brilliant analysis of the Dobb's decision. Highly recommend reading it from top to bottom. For instance, this sentence from the article "The Dobbs “compromise” making it a matter for each state to determine is no more consistent and stable than the 1857 Dred Scott compromise making the status of slaves and their descendants a matter for states to decide." And on the Kansas unanticipated result: "The contrast between that unanticipated result—which Justice Alito would doubtless insist was wholly consistent with his expressed desire to return the issue to “the people and their elected representatives”—and the barely concealed belief of the majority in Dobbs that they were doing the Lord’s work by protecting unborn human life was impossible to miss." Basically the Supreme Court's decision is just one of many toward the goal of a Christian theocracy. I'm going to go study the Liberty Clause... "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Wow! My respect for Mr. Tribe which was already high now touches the stars.

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Cathy, you touch on a point that is central to the discussion. I have been hesitant to use the word "theocracy" to describe what the Supreme Court has become, but now that Professor Tribe has said so explicitly, I will cite him on that point. There is no other explanation for Dobbs than that it was a religious act by the five justices in the majority. They believed (wrongly) they were doing God's will in writing the opinion. The analysis was incoherent because they could not say that they were forcing their religious beliefs on the nation.

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Yes, Robert, I've been wondering why the argument about religious freedom has not been front and center in this ruling. Professor Tribe makes it clear. I don't like to call it Christian theocracy because this does not represent the entire Christian faith nor even the fundamental tenets of Christianity which would not put the value of one life over another life. The Court did ignore the beliefs of other religions. For instance, it is Jewish law that an existing human (the woman) should be saved over a potential human (the fetus). Also, a bit of biology, something like half the fertilized eggs wash out of the mother's body naturally. How then can the moment of conception be declared personhood if half just go down the toilet. The only reason I can see for the fetus's life having absolute priority over the woman is that half of the fetuses have a Y chromosome. We, the People, all of us including women this time.

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Heart

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Absolutely “theocracy!” It is time to speak to this very issue. Everyone is entitled to their beliefs, but church and state must remain separate with religious choice and individual one, just like women’s healthcare.

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The Dobbs decision gives the impression that the justices who voted for it are basing their thinking on their religion. It is difficult to conclude otherwise. Turning the abortion question back to the states allows Republican legislators to practice medicine without a license. Abortion is a medical procedure, which used for a variety of reasons. It has become clear that many legislators have no clue about the procedure and when it might be medically necessary. Pregnant people will not just die in “back alley” abortions. They will die in homes and hospitals because of complications of their pregnancies. There is a special place in hell for these arrogant, self righteous people and those who will try to use this decision to further their ambitions or make money.

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Aug 31, 2022Liked by Robert B. Hubbell

I still galls me that those decisions were made almost exclusively by men! Men in power in states and SCOTUS. Yes, of course there were a few token women involved. Nevertheless, misogyny and religious beliefs were the drivers of Dobbs. No one has said a word to men about their responsibilities for procreation. Dobbs is ignorance and chauvinism, to say nothing about archaic principles.

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I don't think legislatures who are majority men should have any standing in reproductive rights. The woman looses her liberty while the raper just gets his genes spread in the gene pool. I need to study the Liberty Clause of the Constitution1

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It is also abominable that a doctor has to consult her lawyer to determine if she is allowed to use her extensive medical knowledge and meet her oath to save lives.

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Aug 31, 2022·edited Aug 31, 2022Liked by Robert B. Hubbell

Amen!! In 18 months, President Biden has accomplished what many, including some staunch Democrats thought impossible---the New Deal on steroids. Is it all he campaigned on or we hoped, voted, and even prayed for--no. But these new laws and executive orders cast a wide net and encompass all Americans directly or indirectly for the better. For all their lament, Republicans are grabbing up the goodies faster than anyone. We should point that out to them often. There is still much to do--like passing the Voting Rights bills to thwart those dastardly state laws the GOP has rammed through, a ban on assault weapons, high capacity magazines and universal background checks, two years of free community or trade school, universal pre K, and a policing law that supports good cops while weeding out and punishing the bad ones and the unions that cloak for them. The fact that we have elected officials calling for violence against the FBI and God knows who else if their precious Trump is charged is no idle threat. We need to pay close attention and believe them. I think as Biden does that fascism is again rearing its monstrous head. Think it can't happen in the USA. Think again.

Biden is leading the charge. We need to take a lesson from the GOP and unite behind Biden-Harris as never before. Apathy, disappointment, and frustration are not viable excuses for not speaking up with not just our voices, but our ballots this November. We need to rally our side, overcome the Democrats penchant for in-fighting, and register as many new voters to our party as we can, then encourage those who feel disenfranchised to vote for more of the changes they want to see. Like Mr. Hubbell, I think the momentum is now on our side. The Biden administration has accomplished much to be grateful for, so let's not squander our opportunity. With God's help, Democrats can gain seats in the Senate and the House and continue to make meaningful change to benefit Americans and our country. Amen!!

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With my first cup of coffee in the morning I read Heather Cox Richardson’s Letter From an American and then I read yours, Robert. Sometimes I go back and read you both again. Thank you for the encouragement, and explanations and links. A good way to prepare myself for the day.

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I saw a clip of President Biden in Pennsylvania yesterday and he was in an environment where he thrives and he is very effective. He came across as being very Presidential , concerned about the future and the health of our Democracy and was talking to the average voter as if he were talking to a friend. I hope President Biden engages in more of these town hall type meetings which are in stark contrast to Trump and many Republican candidates because he is very effective.

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Aug 31, 2022Liked by Robert B. Hubbell

President Biden is to give a live speech to the Nation on Thursday evening in front of Independence Hall in Philadelphia (Dr. Biden's hometown). Don't miss it!

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Aug 31, 2022Liked by Robert B. Hubbell

Lindsey Graham remains a huge disappointment as one of the GOP's senior senators. He's lost his way. I think South Carolinians should consider a recall. Or maybe our friends at the Lincoln Project can start running snippets of Graham in 2015 and 2016 discussing DJT and then Graham in 2019 and 2020. He sets a new high bar to the conventional idea of a sell-out.

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Aug 31, 2022Liked by Robert B. Hubbell

Last week, one of the guests on either CNN or MSNBC commented that as a member of one of the elite government agencies, she was subjected to a thorough and strict security clearance process. She reminded us that POTUS is not required to go through ANY security clearance. Why is that? POTUS has visibility and access to the most confidential and Top Secret documents in the country. Shouldn't that be the minimal requirement to run for any high level government office?

One thing that we have learned about having #45 as President, is that while previous holders of this office have treated the office with respect and honored the unwritten rules associated with the position, given the opportunity, cheaters and the power hungry will take advantage of any "loopholes" that exist.

Thank you Joe Biden for reminding all of us that doing the right thing is always the path to take, even when it is seemingly unpopular. Despite everything that has happened over the past 6 years, I am encouraged by the all of those who continue to fight for our rights, even when there are setbacks. Thank you @Robert for continuing to keep those stories front and center.

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Does anyone else think that TFGs incoherent babbling is a set up for an insanity defense?

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That thought has crossed my mind.

I also wonder whether he will flee to Saudi Arabia if indicted.

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I don’t think the Saudi’s would take him, he’s not worth enough to them. Not sure even North Korea would either. Maybe Russia, they have nothing to lose.

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I’m wondering the same. How tight might the noose get very soon, with Trump then fleeing for one of the few nations with which we have no extradition agreement - like Saudi Arabia. Are the recent rantings a prelude, in the way toward saying “See what you’ve so cruelly done to me! I was forced to flee!”

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Interesting point.

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To me, he has always been (more than) a few cards short of a deck. He may be crafty but he is not bright. His success, if we can call it that, relies on Mafia tactics with himself as the Don. So even if he pleas madness which results in treatment rather than imprisonment, he will still be removed from the center of attention and from the power to convince his followers. That alone will frost his hair. BTW, although I doubt he would be remanded to a hospital for the criminally insane, if I had to chose between hospitalization and prison, I would definitely choose the latter!

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Wherever he ends up, I hope they send him to an old fashion "barber". And no hair color allowed. Heh. Heh.

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For sure!! Can't wait to see that bald head revealed. I have never thought a bald man was unattractive, but he sure does.

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"...several readers criticized me for being “emotional” or “strident” in my criticism of the [Dobbs] decision.." An emotional reaction to freedom to control one's own body for half of the American population is, in my opinion, more than reasonable. A strident reaction -- that is, a loud and grating and angry reaction to the Supreme Court's decision to equally reasonable, though it is true that many people are more likely to attend to a statement that seems measured. So, in the most measured tones, let's expand the Democratic majorities in the House and Senate and increase the size of the Supreme Court. Something worth getting emotional about.

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Thanks, Leonard. I view part of my job as reflecting the views (and emotions) of my readers as a way of validating their feelings are legitimate responses to a Kafkaesque political landscape. To be clear, the readers who criticized my writings about Dobbs supported the outcome.

It cannot be said enough: In the span of a day, a dozen states converted a long-recognized constitutional right into a felony. If that does not provoke anger and rage, I don't know what will.

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Aug 31, 2022Liked by Robert B. Hubbell

I do wish someone would develop a national data base of police officers who should never again be allowed to hold a job as an officer of the law. If that were done, it would be a great deal easier to feel "on the side of the police". I prefer "on the side of the law" due to the problem of officer aggression and brutality. I certainly feel absolutely no support for the Jan 6 insurrectionists.

With respect to his tweet, either Trump is ignorant or demented... or he thinks many or most of his followers are. Or any combination or all of the above.

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Aug 31, 2022Liked by Robert B. Hubbell

I have wondered why, as a woman and an attorney, I have found it difficult to read the Dobbs decision or delve into the commentary I have heard about Alito's outrageous reasoning. I so appreciated your comments acknowledging this paralysis and just a moment before reading your words, "But if you are at a place where you are ready to understand the intellectual bankruptcy of Alito’s opinion in Dobbs, there is no better place to start than Professor Tribe’s article" I had just decided that now was the time. Thank you for providing the encouragement to read Tribe's article-- and for validating the difficulty in doing so.

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Hi, Kim. Your feelings are shared by millions of women, including those in my family. As an attorney, you will appreciate Professor Tribe's masterful deconstruction of Alito's decision.

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Aug 31, 2022Liked by Robert B. Hubbell

Thanks agin, Robert!

Per Trump's mental state: Remember that Dr. Bandi X Lee and many other mental health professionals pointed out in 2020 that he was mentally incompetent. Funny how the media seems to have forgotten that.... https://us.macmillan.com/books/9781250212863

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Aug 31, 2022Liked by Robert B. Hubbell

Thanks for yet again starting my day over here. I would like to put forward, if and when you have the time, to hear what you have to say about Micael Gorbachov, who died yesterday - specifically in light of today's Russia.

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Hi, Rosalind. I might comment but will need to do research. As with most things I write about, I am not an expert in foreign affairs or Russian history. Obviously, Gorbachev's role in ending the Cold War was one of the great achievements of the last century. But my memories of Gorbachev are only of that part of his rule; whether he did other things that add to or detract from that accomplishment is not clear to me at this point.

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Thanks for the response, Robert. I am impressed that Gorbachev, a loyal party member, was intelligent enough to see that the communist system would not hold and honest enough to turn around and go in a different direction. I want to know more about this man, especially considering the loyalty to party politics that play both sides in the US.

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Aug 31, 2022Liked by Robert B. Hubbell

Agree that Tribe's essay deserves to be read in full lest you miss not only brilliant analysis but terrific writing gems--don't miss the last sentence in this excerpt: "Although many observers criticized Alito’s leaked draft opinion for failing even to mention the Ninth Amendment, the opinion as finally released was almost defiant in its dismissive treatment of that amendment’s rule of construction. The only thing the Court says about it in Dobbs is that “the abortion right” is not itself “founded…in the Ninth Amendment’s reservation of rights to the people.” But that is a wholly irrelevant observation and confuses the category of “rights” with the category of rules about how to read a text dealing with rights. Nobody has ever seriously claimed that the “abortion right,” or indeed any substantive right, could possibly be “founded” in a rule about how to read the Constitution. The Ninth Amendment is not the “foundation” of any group of rights but a directive about how constitutional decisions about rights are to be made. Searching for rights in it is akin to searching for actual pieces of lumber in a manual on how to build a house."

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