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> Roe had SCOTUS getting far over its interpretive skis Roe had SCOTUS identifying privacy and therefore bodily autonomy as one of the un-enumerated rights whi
by falcolas 4y ago
> Roe had SCOTUS getting far over its interpretive skis
Roe had SCOTUS identifying privacy and therefore bodily autonomy as one of the un-enumerated rights which is still protected by the constitution.
Dobbs was the current SCOTUS saying "no, it's not an un-enumerated right" because it wasn't "commonly practiced in the founder's time".
Which isn't entirely true, there were some existing state laws on the books from the late 1700's which made abortion perfectly legal. But even if the majority had recognized that, they could have simply changed their examples to justify the change.