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I’m not a lawyer, so correct me if I am wrong, but wouldn’t challenges to those cases have to come from outside the court for the court to reconsider them? If

I’m not a lawyer, so correct me if I am wrong, but wouldn’t challenges to those cases have to come from outside the court for the court to reconsider them? If that is the case there needs to be some motivated and deep pockets out there to craft up a law that is designed to challenge those norms, then it needs to get passed in some legislative body and signed into law within a state. The law will need to read in such a way that would motivate an aggressive attack from a party with deep pockets and get it all the way up to the SCOTUS where it might get picked up or might not. I honestly think that those issues simply do not have the same levels of passion behind them that abortion did. The general populace just doesn’t care enough to make them worth the effort. Abortion beyond the first trimester of pregnancy had significant opposition across the political spectrum and that opposition grew week over week beyond that first trimester. Birth control, gay marriage, sexual privacy…they simply do not evoke the same levels of passion beyond a few fringe ultra religious right-wing groups.

anigbrowl 4y ago
What you regard as broad spectrum passion is (in my view) the product of sustained organization, not spontaneous grassroots opposition. Crafted legislation that gets passed and is then (perhaps by design) the subject of a test case is not such an unusual thing. Consider for example the recent wave of prophylactic legislation forbidding the teaching of 'critical race theory' in k-12 schools, although CRT as such is a kind of structural analysis that has gained adherents among legal sociologists, mostly at the post-grad level. The anti-CRT laws are mostly an attempt to shape school curriculums that mention race by legislative fiat, and provide a cause of action to fire teachers who indoctrinate students with (or perhaps merely expose them to) opinions that are out of step with the popular consensus. Certainly, this is no overnight process. But a few years ago, people who said Roe was likely to be overturned were dismissed as alarmist. Fringe positions become mainstream by degrees, and those who don't pay attention to them often underestimate the intensity and speed of such changes. Consider Mark Burns, an ultra-conservative pastor and regular candidate in South Carolina who recently came in second in the Congressional House primary, with 11,000 votes (about 25% of the total). He holds some rather extreme views, and while he lost this time he might continue to improve his electoral standings in future. https://www.advocate.com/news/2022/6/14/pro-trump-sc-candidate-mark-burns-calls-executing-allies-lgbtq-kids https://www.advocate.com/news/2022/6/14/pro-trump-sc-candida...

anigbrowl 4y ago

What you regard as broad spectrum passion is (in my view) the product of sustained organization, not spontaneous grassroots opposition. Crafted legislation that gets passed and is then (perhaps by design) the subject of a test case is not such an unusual thing. Consider for example the recent wave of prophylactic legislation forbidding the teaching of 'critical race theory' in k-12 schools, although CRT as such is a kind of structural analysis that has gained adherents among legal sociologists, mostly at the post-grad level. The anti-CRT laws are mostly an attempt to shape school curriculums that mention race by legislative fiat, and provide a cause of action to fire teachers who indoctrinate students with (or perhaps merely expose them to) opinions that are out of step with the popular consensus. Certainly, this is no overnight process. But a few years ago, people who said Roe was likely to be overturned were dismissed as alarmist. Fringe positions become mainstream by degrees, and those who don't pay attention to them often underestimate the intensity and speed of such changes. Consider Mark Burns, an ultra-conservative pastor and regular candidate in South Carolina who recently came in second in the Congressional House primary, with 11,000 votes (about 25% of the total). He holds some rather extreme views, and while he lost this time he might continue to improve his electoral standings in future. https://www.advocate.com/news/2022/6/14/pro-trump-sc-candidate-mark-burns-calls-executing-allies-lgbtq-kids https://www.advocate.com/news/2022/6/14/pro-trump-sc-candida...