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Dobbs will mean endless litigation


One of the more ridiculous claims made in defense of overruling Roe v. Wade is that it will get the federal courts out of the abortion issue. Given the radicalism of Republican legislators, not hardly! Equally ridiculous is the assertion in Kavanaugh’s mewling “I just abrogated your rights but I’m not a bad guy” concurrence — truly Kennedy’s heir — that Dobbs merely reflects “neutrality” on the question of abortion. Again, this is not possible:

There is no neutral way of deciding this question, and evidently the odds favor “letting Texas nullify federal law because women ain’t worth shit” when the Supreme Court has finished with it.

And, what the hell, life is good as countless women suffer under Republican authoritarianism:

On a balmy Saturday night in June, Traci Lovitt hosted a 50th birthday party for her husband, Ara, at their 9,800-square-foot Westchester mansion overlooking Long Island Sound. The couple met while clerking for Supreme Court justices: Traci for Sandra Day O’Connor, Ara for Antonin Scalia. These days, Ara worked in finance. Traci was a top partner at — and a contender to one day run — the international law firm of Jones Day, best known for representing Donald Trump’s presidential campaigns. To serve as M.C. for the event, the Lovitts flew in Richard Blade, the veteran disc jockey Ara listened to while growing up in Southern California. But Blade wasn’t the party’s biggest star. That distinction belonged to Justice Amy Coney Barrett.

One day earlier, Barrett and four of her colleagues on the Supreme Court overturned Roe v. Wade, ending the constitutional right to abortion. Now she was wearing a pink dress and sitting at a flower-bedecked table under a tent on the Lovitts’ lush lawn. Barrett clerked for Scalia in the same session as Ara, in 1998 and 1999, and also became friends with Traci, jogging together around the National Mall after work. (When Trump nominated Barrett to the Supreme Court in 2020, Traci wrote to senators, praising the judge’s fair-mindedness and commitment to the rule of law.) But the connection to the court ran deeper than that. Scalia had spent years at Jones Day in the 1960s. And Traci ran an elite practice inside the firm that was focused in part on arguing cases before Barrett and her colleagues.

Guests at the Lovitts’ estate danced to Blade’s beats until 1 a.m. At one point, an attendee spotted Barrett chatting with Noel Francisco, another Jones Day partner, who had himself clerked for Scalia the year before Lovitt and Barrett. Francisco left the firm in 2017 to become Trump’s solicitor general, responsible for representing the government before the Supreme Court, and returned in 2020, eventually taking over Jones Day’s enormous Washington office.

It’s a party in the USA! For its theocratic faction, at least.

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