4 ms·
But what is baffling is why they picked Roe V Wade to overturn rather than cut it at the root, such as Wickard v Filburn which would have undone a massive swath
by notch656a 4y ago
But what is baffling is why they picked Roe V Wade to overturn rather than cut it at the root, such as Wickard v Filburn which would have undone a massive swath of the kind of unconstitutional expansion of the federal government.
They could have applied their logic uniformly but bizarrely singled out an abortion case.
- bushbaba 4y agoBecause it was roe v wade in question. Not the other case. I don’t believe the Supreme Court can issue judgment on any law they choose. It has to be relating to the court case in question
- notch656a 4y agoThey get to pick which case they take cert on. There is absolutely gonna be _something_ out there that would allow them to work at the root of Wickard v Filburn. Framing it as "they have to work with this one case they got" is disingenuous. They intentionally chose to go for the contradictory choice of singling out abortion while not attacking the root -- which suggests to me think this is more about judicial activism than upholding the constitution.
- jonathanwallace 4y agoDisingenuous and/or incredibly naive as to how politics have been impacting cases coming before the courts.
- throwaway17_17 4y agoIf you want the cynical lawyer’s answer, it is simple. Wickard, as a ruling, allows the government more power and the ability to better project that power via the courts and legislature. Roe is a side-show for the government. The ability for someone to have a pregnancy terminated does nothing systemic to enhance the government’s ability to project power in a way which enhances the government. Which is why the parties will fight over abortion rights, but would never dream of trying to squash the government’s ability to regulate what a person does with material goods a la Wickard.