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Except... this isn't law. This is legal precedent. The court can only rule on laws—it cannot create them. This is why we are now "decriminalizing" things: In a
by nvahalik 5y ago
Except... this isn't law. This is legal precedent. The court can only rule on laws—it cannot create them.
This is why we are now "decriminalizing" things: In a plurality of states, you have fetal homicide laws where the life of the unborn is equated to another human life. Courts and prosecutors have simply chosen to ignore the law and the left has pretty consistently used the courts to bypass actually changing or doing anything with the law (probably because the support just isn't there).
- jakelazaroff 5y agoWhat do you think law is? The Fourteenth Amendment is part of the US Constitution. The Supreme Court’s interpretation is that that law protects the right to abortion. You might not understand how (or agree) that follows from the text, but that doesn’t matter. Only the Supreme Court’s interpretation is canonical; ergo, the Constitution guarantees the right to an abortion.
- ChrisLomont 5y agoThis is law. They state this is a result of the 14th Amendment. There is no higher law.