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> If Roe was an actual law, it wouldn't have been overturned. Nonsense and worse words. They aren't originalists, they don't care about the executive/legislati
by eropple 3y ago
> If Roe was an actual law, it wouldn't have been overturned.
Nonsense and worse words. They aren't originalists, they don't care about the executive/legislative distinction. It's embarrassing farce to pretend that there is constitutional principle behind achieving their desired political goals. Roe would've been gutted were it law and the general incoherence of Alito and Thomas would have led the way.
- AnthonyMouse 3y agoHave you actually read Roe itself? It struggles to find any real basis for what it was doing in the constitution and the same logic should have rendered unconstitutional e.g. the Controlled Substances Act as well as any equivalent law at the state level, because the government is interfering with what people put into their own bodies in private. People liked it because they liked the outcome, not because it was ever coherent. The real problem is that a lot of people want there to be a right to abortion in the constitution but they don't have enough votes to actually put it there, and they also don't want to read the constitution's general constraints on government power to be restrictive enough to limit this using coherent logic because that would also limit the government from doing many other things they want it to do.
- rpmisms 3y agoRoe is simply a bad court decision. Congress has the right to codify Roe into law. The Supreme Court does not have the power to create law out of whole cloth. Overturning Roe was the Supreme Court taking presumptive power away from itself. Also, the current court absolutely has an originalist majority, even if you happen to disagree with the originals. The Constitution is a very restrictive document for the Federal Government.