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"When the current Supreme Court issued its ruling in Dobbs v. Jackson Women’s Health Organization last week, overturning Roe v. Wade and eliminating the constit
by EGreg 4y ago
"When the current Supreme Court issued its ruling in Dobbs v. Jackson Women’s Health Organization last week, overturning Roe v. Wade and eliminating the constitutional right to abortion, Justice Clarence Thomas wrote a concurring opinion that sent chills through almost anyone who takes the personal freedoms of modern life for granted. He wrote that the Court “should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” the decisions that legalized access to contraception, the right to engage in private acts of intimacy with same-sex partners, and the right to marry whomever one chooses. All three of these cases were decided using similar logic to Roe, which was based on the idea of a fundamental right to privacy rooted in the Fourteenth Amendment of the Constitution, which establishes due-process rights and equal protection under the law for all citizens. The impact of the Roe v. Wade reversal on the economic prospects of women—especially low-income women—will be significant. If the Court were to restrict access to contraception as well, the results could be financially devastating, potentially leading to a drastic reimagining of women’s role in our economy and society at large."
The real problem is that Congress has never passed laws to prevent states from banning these things or requiring licenses, but the Supreme Court used the "right to privacy" to pass them. Even RBG said that this was a weird way to go. Interesting future we have here... I expect that the Supreme will overturn their decisions and then Congress will eventually pass laws.
- bediger4000 4y agoSCOTUS had to rely on some kind of reasoning, given that some US states were apartheid police states, and were not going to join the 20th century of their own volition.
- jfengel 4y agoAnd then the Supreme Court will overturn those laws as Congressional overreach. Actually, I doubt Congress will ever pass such laws. Passing laws requires an extraordinary coincidence. One side has to control the House and a supermajority of the Senate and the Presidency. Any of them can say "no". The system is designed to favor the status quo, and there is no realistic check or balance on the Supreme Court.