In the category of wholly unsurprising tirades that misunderstand the Constitution, the law, and history in general, cue Elie Mystal who nailed the standard race-baiting fare of MSNBC’s “The ReidOut” with his Tuesday meltdown slamming the Founders as “racist, misogynist jerkfaces.”
Mystal, author of “Allow Me to Retort: A Black Guy’s Guide to the Constitution” and justice correspondent for The Nation, joined host Joy Reid in lashing out at the leaked SCOTUS opinion of Justice Samuel Alito. If affirmed, the majority opinion in Dobbs v. Jackson Women’s Health Organization would overturn Roe v. Wade and return full authority pertaining to abortion laws to the states for which Mystal called the conclusion, “laughable on its face and wrong.”
After misrepresenting Supreme Court nominee hearings as other outlets had, Reid sought Mystal’s opinion on the language of the draft.
“I’m not a lawyer, but I did read the opinion, the draft opinion, last night. There’s something about it that was quite arrogant in sort of saying, well, the law was always wrongly decided, which we’ve heard people on the right say for decades. I’ve been hearing, you know, this from the religious right since 2004. They’ve been saying it for a long time,” she claimed.
The language made it sound, “as if women just aren’t capable of doing this, that the states need to make these decisions for women,” she added, before presenting Casey, which would also be overturned if the perceived majority opinion holds, as making married women “a ward of the man you marry” for providing husbands with a say on the matter of terminating a pregnancy.
“Alito’s fundamental legal reasoning is that abortion is not a fundamental right because it doesn’t go back to the founding, because the Founding Fathers didn’t recognize abortion as a fundamental right. And he’s right about that,” Mystal contended, thus acknowledging that his forthcoming objection would not be based in fact.
“The Founding Fathers didn’t recognize abortion as a fundamental right because the Founding Fathers were racist, misogynist jerkfaces who didn’t believe that women had any rights at all!” he argued as his meltdown began in earnest. “So, of course, they didn’t believe that women had rights to their own bodies. The Founding Fathers didn’t believe that marital rape was a thing! Couldn’t be a thing, according to the Founding Fathers, according to Sam Alito, so that’s the history that Sam Alito is accessing.”
“Look,” he went on, “either you believe that the Founding Fathers in their infinite wrongness were overcome by the 14th Amendment which guarantees equal protection to all people in this country, or ya don’t. And if ya don’t believe that the 14th Amendment guarantees women rights to their own reproductive systems, just like a man has a right to his own reproductive system, if you don’t believe that, then we are living in a situation where women have second class citizen status.”
“If you do believe that the 14th Amendment worked, then Samuel Alito’s legal reasoning is laughable on its face and wrong,” Mystal concluded.
What he failed to acknowledge was that overturning Roe v. Wade does not ban abortions and the “infinite wrongness” he ascribed to the founders was responsible for the Tenth Amendment, which protects the states’ rights to govern themselves on most all issues, and the varied means by which to ratify new amendments which, if the nation had nearly as much support for abortion as he contests, would allow for a legitimate amendment to enshrine that so-called right rather than requiring a skewed interpretation of the language of the Constitution.
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