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The investigation into Mr Johnson’s death, which was initially treated as a suicide by police and led to multiple inquests and public campaigns for justice, was criticised by his family members, including sister-in-law Rosemarie Johnson. “It’s an indelible image that is burned into the brain.” “No one can imagine what it was like to be shown his lifeless and very badly damaged body,” Mr Noone said. Michael Noone said not a day goes by where he does not hear Scott Johnson’s voice. He agreed that he was concerned about people finding out he was gay because of the general outlook on gay people in the 1980s.” “He asks about a number of times if this was going to go back to his brother about being gay and he talked to the police how it was he would meet people in that context, meet other men. “He says that the community at that time did not have a good attitude towards gay people. “It wasn’t referred to as a gay beat, he did say a lot of gays come up here,” Ms Rigg said. Ms Rigg told the court White now identified as gay and had told police he went, at Mr Johnson’s suggestion, to North Head on the night of his death. Under cross-examination from White’s barrister Belinda Rigg, Mrs White denied allegations that she lied about those conversations or being motivated by a $1m reward police had offered anyone with information about Mr Johnson’s death.Ĭrown prosecutor Brett Hatfield said Mrs White wrote an anonymous letter to police about White and never mentioned the reward in conversations with police. That paves the way, in theory, for states to ban the use of birth control.Scott White remains remanded in custody. And here, the legal principle adopted by the draft opinion - whether rights are historically grounded in the traditions of the American people - is unfortunately a road map to overruling Griswold, because it calls into question the right to privacy. Yes, a case on, say, contraception would involve different facts, but different cases always involve different facts the application of the same legal principles to different facts is an essential part of how law works. “Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.” He reasons that other statutes do not involve the destruction of “fetal life,” so the facts of other cases would be different. The draft opinion is not unaware of this and indeed protests too much in response: “We emphasize that our decision concerns the constitutional right to abortion and no other right,” Justice Samuel Alito writes. The court’s test of “deeply rooted” traditions could now be used to attack Griswold and much more.
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Susan Collins (R-Maine) comes to mind - should be doing everything possible to make such legislation the law of the land.īut while such legislation could fix the abortion restrictions, it couldn’t undo the legal reasoning in the draft opinion, which will fester and reach other cases. Certainly senators who voted for nominees believing that they would uphold Roe v. If the Senate can skip the filibuster to confirm three justices who would not only vote to overrule Roe but decide hundreds of other significant matters, it certainly should be able to skip it for the relatively more minor task of creating a legislative fix for a single one of their decisions. Republicans already went “nuclear” and scrapped the filibuster for Supreme Court nominees (beginning with Neil M. But there is no reason to maintain a filibuster here. The obvious rejoinder is that such a statute, while supported by a majority in the House and Senate, could not overcome a filibuster. Such a law would be quite hard for the court to overturn. It can pass a statute guaranteeing the right to abortion, thereby codifying Roe. Congress could fix the problems such a decision would cause. Those despairing about this draft opinion should remember that the courts do not monopolize abortion politics.