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Roe stood for years because the decision directly tied it to the right to privacy (via the 9th and 14th amendments), because that right "is broad enough to enco
by ascagnel_ 4y ago
Roe stood for years because the decision directly tied it to the right to privacy (via the 9th and 14th amendments), because that right "is broad enough to encompass a woman's decision whether to terminate her pregnancy". The Supreme Court reverses itself in this Dobbs decision; skimming the final decision, it attempts to tear down the original justification, but I'm not seeing an argument beyond "we think they were wrong", which is a pretty awful rationale for the Supreme Court.
- wilsonnb3 4y ago> "we think they were wrong", which is a pretty awful rationale for the Supreme Court. What exactly are you looking for that would count as a rationale that doesn't boil down to "we think they were wrong"?
- ascagnel_ 4y agoThe decision threw out Roe entirely (Roberts' concurrence notwithstanding) -- and Roe was based on two legal theories: a right to privacy (implied, but not made explicit, in the Bill of Rights, and interpreted by Roe to be under the 9th and 14th amendments), and that a law that could only be enforced via unconstitutional searches was itself unconstitutional. Alito's decision doesn't tackle _how_ Roe was wrong, it simply declares that the court erred when it considered those privacy rights.