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> To overturn Roe you have to figure out why the original conclusion was wrong, and why all of the subsequent confirmations were wrong. That is not so easy. It
by akvadrako 9y ago
> To overturn Roe you have to figure out why the original conclusion was wrong, and why all of the subsequent confirmations were wrong. That is not so easy.
It's obvious. The case was decided that way in the first place because the courts are political; they were "legislating from the bench".
- lisper 9y agoOK, but I thought we were talking about legal arguments here. If you're going to maintain the illusion of the legitimacy of the court you have to at least dress the rationale up as something more convincing than, "We're overturning Roe because we were appointed by Republicans."
- akvadrako 9y agoThat's true but easier than arguing the previous precedents are wrong. Or so wrong, it would override the weight of them being a precedent. The idea that the right to privacy implies the right to perform abortion seems like the weakest point to me. That argument only seems plausible if the right to privacy implies we can do anything to ourselves in private. That's a ridiculous amount of power for a right which isn't even explicitly mentioned and way outside the Federal government's mandate. Not to mention inconsistent with many laws.
- lisper 9y ago> That argument only seems plausible if the right to privacy implies we can do anything to ourselves in private. Is that not the case?