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Yep. Roe vs. Wade was one of the most egregious examples of "legislating from the bench" in the latter 20th century? How many people who would hand-wring over r
by yanderekko 3y ago
Yep. Roe vs. Wade was one of the most egregious examples of "legislating from the bench" in the latter 20th century? How many people who would hand-wring over recent SCOTUS decisions oppose Roe on these grounds? Or is this a convenient exception? Griswold? How about Lawrence vs. Texas?
- mehlmao 3y agoPlease explain how Henry Wade could enforce the overturned Texas Penal Code statutes without violating the constitutional right to privacy.
- Aunche 3y agoIn the right to privacy is so broad that it applies to abortion, it should also apply to self-medicating yourself with narcotics. I'm not saying that decriminalization of drugs is a bad thing, but it's something that obviously shouldn't be decided by the Supreme Court.
- yanderekko 3y agoYep, and if it applies to abortion, why not third-trimester abortion? Why is that relevant to a privacy interest? Where is the right to privacy in the Constitution, btw? Sounds like the whole thing is legislating from the bench! Maybe we should bring back Lochner-style scrutiny of minimum wage laws under a newly-discovered "right to earn a living"?
- dragonwriter 3y ago> Where is the right to privacy in the Constitution, btw? People inevitably making this argument was actually the primary argument against adopting a Bill of Rights at all, and the Ninth Amendment was the compromise solution to have some enumerated rights while hoping to negate this exact argument.