Regarding Alito and his deference to ancient common law:
I wonder if Alito regularly puts insanity like this in his drafts, but it gets edited out by others before it becomes public. It makes him look horrible. He cares more about common law of the 17th century than about actual human beings living in the 21st century. He, as a white Catholic man, would be at the top of the food chain in such a society (arguably he is anyway but the idea of minorities getting rights seems threatening to him). So of course he longs for days when his tribe is basically unopposed by women, non-white people, etc. He has told on himself and it isn’t pretty.
I listened to a story about all the South American countries that, despite a much heavier Catholic influence than the US, are removing their abortion bans. Why are we going the other way? We have fascists in charge. Each Republican President has picked far right judges. They work constantly to take away the right to vote, and when you take that away, the rest of the rights just fall like dominos. It starts with the unelected judges appointed by minority-supported Presidents. Then voting rights are stripped by them, gerrymanders are not blocked by them, and the systematic dismantling of our Democracy continues.
When (not if, when), the popular backlash to this comes, there will be weeping and gnashing of teeth from the right. When it becomes clear that 60-70% of people don’t support a supposedly democratic government? All it will take is one “wave” election. And at that point, Congress can aggressively work to displace the fascists. 50 states? DC and PR not states? They could combine a bunch of “mostly land” states and give statehood to other areas, then split CA into 4-5 states if they wanted. Get rid of the guaranteed Senate seats for places like Wyoming or North Dakota. Fewer people than DC, but 2 Senators while DC folks get 0? They can pack the court if they need to. Once they re-align the states, they can push constitutional amendments to get 70% of states approving them. Enshrine rights for abortion, LGBTQ people, WOMEN (how is the ERA still not in the constitution?), etc, etc. Give the power back to the people instead of a handful of wealthy power brokers.