2 ms·
> "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 do
by 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.