Former AG Holder: Americans Should Prepare For An “Ideologically Driven” Supreme Court Not Tethered To Precedent

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Former AG Holder on MSNBC’s Andrea Mitchell Reports show(05/12/22)

Former U.S. Attorney General Eric Holder appeared on MSNBC’s Andrea Mitchell Reports show (05/12/22) to discuss his new book “Our Unfinished March”. During his interview, he was asked about the controversy caused by the leaked draft Supreme Court majority opinion dealing with abortion, to which he gave a very interesting response. He said while the leak itself was a serious issue, the bigger problem Americans need prepare themselves for, is an “ideologically driven” Supreme Court, that will have little regard to precedent–an issue Democrats need to focus on as we approach the midterm elections.

Former AG Holder(video at 0:35):“I think the leak is unprecedented both in its breadth, its scope, and its completeness. We’ve heard rumors before about where the court is going to go, how the justices perhaps were aligned, but never actually seen a draft opinion, and that’s serious. That’s something that needs to be addressed. But what we really need to focus on is what’s contained in that leaked opinion, and where the court appears to be lining up. Looks like they are going to overturn Roe v Wade, inconsistent with the notion that you adhere to precedent that people have relied on over the course of the last 50 years. It’s an attack on the right to privacy, and so the question has to be asked, is it only going to be abortion that is going to be at risk, or is same sex marriage going to be at risk? The regulation of contraception, is that going to be at risk? Even interacial marriage. All of these things are based on the right to privacy, which this opinion in its form as we saw it, really goes after that right to privacy.”

Holder added that people need to get prepared for an “ideologically driven” Supreme Court, that is “not going to adhere to the extent that they should, to precedent.” This is of course very troubling given the weighty issues the high court is getting ready to deal with–affirmative action, gun cases, voting rights, etc. Democrats can capitalize on this Supreme Court issue, but only if they present it in AG Holder’s terms–an untethered high court that threatens many of the legal precedents we have come to rely on. This approach will likely drive more people to the polls this Fall, as opposed to only presenting it as an abortion/reproductive rights issue.

Bottom line folks, Dems sucking at messaging is nothing new. “Leakgate” presents them with an opportunity to drive Dem voters afraid of an untethered Supreme Court, to the polls in record numbers, and bucking the midterm election trend which typically favors the party out of power(GOP). Hopefully Dems will get their Supreme Court messaging right this time around by railing against the MAGA Supreme Court as an affront to all the legal precedents we have come to rely on for decades.

It’s also worth noting that former AG Holder, a self-described “institutionalist”, said that after initially being opposed to a criminal prosecution of former President Trump, he now believes, given the revelations about his efforts to overturn the 2020 election results, that he needs to be held accountable. Surely, current AG Garland has to take this seriously, coming from a former prosecutor, who recently held his position.

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Houstonians Rally For Reproductive Rights With Gubernatorial Candidate Beto O’Rourke

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Dem gubernatorial candidate Beto O’Rourke chatting with a supporter after his speech at the reproductive rights rally in downtown Houston(05/07/22)

Houstonians showed up in large numbers at the Discovery Green park in downtown Houston (05/07/22) for a reproductive rights rally headlined by gubernatorial candidate Beto O’Rourke. The very well attended and high energy rally comes on the heels of the recent bombshell leak of a draft Supreme Court majority opinion which suggests the high court is getting ready to strike down the landmark Roe v Wade decision which made abortion legal. Judging from the energy in the crowd at Discovery Green, one can safely assume that reproductive rights and the future of the Supreme Court generally, will be major issues in the upcoming midterm elections. This message was very clear from Beto O’Rourke and the other high profile Dem leaders in attendance, who included State Senator Carol Alvarado(District 6), Houston Mayor Sylvester Turner, Harris County Judge Lina Hidalgo, and Congresswomen Sheila Jackson Lee and Sylvia Garcia.

Beto said at the rally:“This has been among the toughest weeks for so many people across this state and across this nation, but as I look out at each and every single one of you, there is something extraordinarily beautiful in the way that we have decided to come together. And in these tough times, Texans turn out. They are there for and by one another. It brings out the very best in us…We want our fellow Texans, wherever they are, to whatever party they may belong to, to whomever they pray, however they love, whatever country their families originally came from, to know right now we stand together. We stand with them…For most of us, I’m 49 years old, for my entire life, Roe vs Wade has been the law of the land, I’ve known nothing else. But those who preceded me, those who preceded all of us, they made that happen. That fortunate generation who was fighting for the rights that so many, too many have taken for granted for too long, we now have that same opportunity to fight like just they did, and I want us to remember, whatever we think the odds are right now against us, this is possible, and in fact it has been done before against much greater odds.”

There’s no other way to interpret Beto’s remarks other than a call for Texans of goodwill to unite against efforts by Republicans at the federal level and their state counterparts(Gov Abbott’s regime), to peel back their constitutional rights. This could end up being the winning message because it could attract a sizable chunk of the independent vote.

Bottom line folks, historical trends favor Republicans to do very well against Democrats this Fall(party out of power). Reasonable people will agree however, that the leak of the Supreme Court draft opinion has given Democrats nationwide, a much needed jolt. Will this jolt be enough to upend historical trends and hand Democrats a surprise victory in November? Only time will tell. Given the high energy at Discovery Green Park however, the potential certainly exists for Democrats to “come from behind” and pull off a surprise win in the elections this Fall.

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