4 ms·

> Do you have any examples These rights and others are directly questioned in the text of the SCOTUS concurrence today: "For that reason, in future cases, we s

by mch82 4y ago

> Do you have any examples These rights and others are directly questioned in the text of the SCOTUS concurrence today: "For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” Neal Katyal: “That's right to privacy, contraception, marriage equality,etc” https://twitter.com/neal_katyal/status/1540341236803977216 https://twitter.com/neal_katyal/status/1540341236803977216

imgabe 4y ago
I mean examples of laws. Like is there any state that has passed or even proposed a law saying "contraception is illegal". To my knowledge, there's not.
- hotpotamus 4y ago
  https://en.wikipedia.org/wiki/Griswold_v._Connecticut https://en.wikipedia.org/wiki/Griswold_v._Connecticut
- bcrosby95 4y ago
  I dunno, the comstock act? The way SCOTUS works is they render it impossible to enforce a law. It doesn't actually remove the law from the books. It's a legal hack - the government can't enforce it when its made unconstitutional, but it still exists unless they explicitly remove it. Hence Texas' legal hack of allowing citizens to enforce a law.
  - BarryMilo 4y ago
    Which is completely fucking bonkers and should be squashed ASAP, lest these states go completely rogue.
- mch82 4y ago
  Here you go: https://www.findlaw.com/family/reproductive-rights/griswold-v-connecticut-and-the-right-to-contraceptives.html https://www.findlaw.com/family/reproductive-rights/griswold-... > At the time, a Connecticut law prohibited the use of "any drug, medicinal article or instrument for the purpose of preventing conception" and punished anyone who "assists, abets, counsels, causes, hires or commands another" to do so (in other words, it wasn't a crime to sell birth control devices, but it was a crime to use birth control or any drug or medical instrument for the purposes of preventing conception). > Griswold and Buxton sued the State of Connecticut claiming the law violated their constitutional rights. The issue at stake was whether a married couple had a constitutional "right of privacy" to be counseled in the use of contraceptives. Three other major cases are cited in that FindLaw article, the most recent in 2014 which took away rights to healthcare coverage.
  - imgabe 4y ago
    The "at the time" was 1965. Contraception was new and controversial 50 years ago. It's not anymore and is widely supported. Is there any current law or proposal to outlaw contraception? Such a law would be wildly unpopular, even among most pro-life people.
    - vkou 4y ago
      > It's not anymore and is widely supported. So is abortion, and yet, it's 2022, and the leopards are eating our faces.
    - danachow 4y ago
      - deleted 4y ago
        [deleted]
      - imgabe 4y ago
        danachow 4y ago
    - seamusthecrab 4y ago
      - imgabe 4y ago
        I never claimed I was a lawyer. All that law does is revise the definition of "unborn person" in this law: https://www.legis.la.gov/Legis/Law.aspx?d=78337 https://www.legis.la.gov/Legis/Law.aspx?d=78337 which lists specific crimes, none of which are contraception or IVF. The words "contraception" or "IVF" are not mentioned anywhere in either law.
deleted 4y ago
[deleted]

by mch82 4y ago

imgabe 4y ago

I mean examples of laws. Like is there any state that has passed or even proposed a law saying "contraception is illegal". To my knowledge, there's not.

hotpotamus 4y ago
https://en.wikipedia.org/wiki/Griswold_v._Connecticut https://en.wikipedia.org/wiki/Griswold_v._Connecticut
bcrosby95 4y ago
I dunno, the comstock act? The way SCOTUS works is they render it impossible to enforce a law. It doesn't actually remove the law from the books. It's a legal hack - the government can't enforce it when its made unconstitutional, but it still exists unless they explicitly remove it. Hence Texas' legal hack of allowing citizens to enforce a law.
- BarryMilo 4y ago
  Which is completely fucking bonkers and should be squashed ASAP, lest these states go completely rogue.
mch82 4y ago
Here you go: https://www.findlaw.com/family/reproductive-rights/griswold-v-connecticut-and-the-right-to-contraceptives.html https://www.findlaw.com/family/reproductive-rights/griswold-... > At the time, a Connecticut law prohibited the use of "any drug, medicinal article or instrument for the purpose of preventing conception" and punished anyone who "assists, abets, counsels, causes, hires or commands another" to do so (in other words, it wasn't a crime to sell birth control devices, but it was a crime to use birth control or any drug or medical instrument for the purposes of preventing conception). > Griswold and Buxton sued the State of Connecticut claiming the law violated their constitutional rights. The issue at stake was whether a married couple had a constitutional "right of privacy" to be counseled in the use of contraceptives. Three other major cases are cited in that FindLaw article, the most recent in 2014 which took away rights to healthcare coverage.
- imgabe 4y ago
  The "at the time" was 1965. Contraception was new and controversial 50 years ago. It's not anymore and is widely supported. Is there any current law or proposal to outlaw contraception? Such a law would be wildly unpopular, even among most pro-life people.
  - vkou 4y ago
    > It's not anymore and is widely supported. So is abortion, and yet, it's 2022, and the leopards are eating our faces.
  - danachow 4y ago
    - deleted 4y ago
      [deleted]
    - imgabe 4y ago
      - danachow 4y ago
  - seamusthecrab 4y ago
    - imgabe 4y ago
      I never claimed I was a lawyer. All that law does is revise the definition of "unborn person" in this law: https://www.legis.la.gov/Legis/Law.aspx?d=78337 https://www.legis.la.gov/Legis/Law.aspx?d=78337 which lists specific crimes, none of which are contraception or IVF. The words "contraception" or "IVF" are not mentioned anywhere in either law.

deleted 4y ago

[deleted]