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"made this up" is a bit pejorative. The also "made up" modern abortion rights and gay marriage. A law professor would probably say that they decided that prio
by downerending 6y ago
"made this up" is a bit pejorative. The also "made up" modern abortion rights and gay marriage. A law professor would probably say that they decided that prior interpretation was unjust/unconstitutional and made a change.
- supercanuck 6y agoYou could teach a whole course on Roe alone. Let's not just generalize a monumentus court decision like that with a hand wave.
- andrewflnr 6y agoThat's rather the point of GP, but applied to QI instead of Roe.
- rayiner 6y agoNot to mention, two of the champions of Roe (O’Conner and Ginsberg) have thrown its reasoning under the bus.
- bhupy 6y agoDo you have any resources on that? I find this genuinely interesting.
- selimthegrim 6y agoRBG has always been a fan of abortion rights via incorporating the privileges and immunities clause of the 14th Amendment to the states, a path blocked after the 19th century Slaughterhouse cases. Reva Siegel at Yale Law School is good to read about this.
- selimthegrim 6y ago*privileges or immunities clause, sorry (Not to confuse this with Article IV of the Constitution). And I guess RBG wants to use the equal protection clause directly.
- rayiner 6y agoThe pejorative isn’t unwarranted. The equal protection clause justification for Obergefell is a fairly straightforward application of the text of the 14th amendment and longstanding Supreme Court precedent holding that the right to marry was fundamental even at the time of the founding. They didn’t conjure a right out of thin air, but found that there was no justification for denying the right to a particular group when the constitution guarantees “equal protection” to all groups. Qualified immunity doesn’t rest on nearly as solid a ground.