Scaremongering Joe Scarborough was born. Morning Joe Today’s spiel: People can become “hysterical”, when it comes to discussing social problems. . . He then got hysterical, suggesting that Republicans could use the Alito opinion in order to ban interracial marriage.
They are lecturing us on “misinformation.”
Scarborough repeatedly claimed that, if the Alito opinion was adopted it could be used to overturn a number of Supreme Court decisions. In particular, the rulings struck down contraceptive restrictions and upholding homosexual marriage were among those that Scarborough repeatedly argued. Scarborough twice cited the case Loving v. Virginia,In which Virginia’s interracial marriage law was struck by the Court.
This is despite Alito’s explicit instruction:
“Nothing contained in this opinion should cast doubt upon precedents which do not pertain to abortion.”
However, Loving’s decision would in principle have to be overturned. It does not make rulings by itself. An act allowing interracial marriages would need to be passed by a state. There would be challenges to the law that would have to reach the Supreme Court.
It’s impossible for any state to adopt such a law. You can be sure that if such a law were passed, the lower federal courts would strike it down. The Supreme Court is most likely to affirm the decisions of lower courts in the event that it reaches them, especially considering the Alito language.
Scarborough didn’t cease fearmongering about the subject. There is no better way to mobilize a critical segment of the Democrat base that to make the specter of a return to a particular form of racial discrimination more real?
Jonathan Lemire of MSNBC agreed with Scarborough. He said that there’s no reason anyone should believe Republicans when they claim they won’t stop with abortion. He then turned his attention to Washington Post Eugene Robinson, columnist: This could change the conversation going into November. Democrats are facing a steep climb.
Robinson cast the Alito decision as a “bombshell” that could tilt the midterms, noting that he’d “always been skeptical of all the predictions that Democrats are inevitably in for these huge losses in the fall.” It’s all right Mr. Robinson.
Note: the irony is it’s supposed “progressives” who promote racial segregation in everything from school graduations, to campus housing, to special events, even—at my Cornell alma mater—to rock-climbing walls!
Joe Scarborough used the Alito opinion as a scare tactic to suggest that Republicans could use it to ban interracial marriage. Sponsored in part by Kayak and Clear Choice was DirecTV.
The transcript is here.
MSNBC
Morning Joe
5/10/22
6:40 am ETJOE SCARBOROUGH : Jonathan Lemire, you know that there are real concerns about this going beyond the abortion. And, often, When it comes to social problems, issues that are important, people get hyperventilated.All sides.
However, anyone who’s been to law school or has ever studied constitutional law will know that Alito’s distinction was an distinction, but not a differentHe said “whoa. whoa. Hey, we only talk about abortion.” This is not about Griswold or contraceptive rights.This is not about Loving and Inter — it’s the right to interracial marriage. This is not about equality in marriage. None of these have to do with abortion.
This is precedent without precedent. This makes no sense.That logic is the same as the right to privacy. It’s the same concept that gave Roe the 14th Amendment.Griswold to be givenLoving can enjoy these rights. All of them are part of the same constitutional framework.
Alito says, “Oh, don’t worry about that.” Don’t worry about it. Because this is abortion, we’re not talking about it. No. You can pull that Roe thread if you want. You’re pulling at a thread. Griswold, Love is a Gift– of equality in marriage, all the rights to privacy the Court has discovered over the last 50-60, 70 years, that were contained within the Constitution.
JONATHAN LEMIRE : Yes. It is not clear why anyone, whether American or Democrat, would believe these things.They think that this will stop right here. With this specific decision, you can stop here. It would seem odd that they wouldn’t consider it an infringement of other rights.A restriction or the removal of rights. It is absurd to think that it could stop with abortion.
Gene: This is a very important issue for Democrats. It could change the way we talk about this issue heading into November. Democrats face a steep climb. If Roe v. Wade is repealed, what’s your first impression of the country? This could be a way for Democrats to get out and actually change the outcome of what they have been told will happen this fall.
EUGENE ROBINSON – Well Jonathan, it could.It’s hard to predict how things will turn in America these days. All the claims that Democrats will suffer huge losses this fall have been doubtful to me.
Because, you know, if a week is an eternity in politics—that’s what we used to say 20 years ago. You know what, now a week can be as many eternities. Things change quickly. This is what I believe, It is quite a revelation. This is the truth.
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