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> Also, why do I know more about your constitution and governing structure than you appear to? Do you? All you have said here is that you think that the equal
by UncleMeat 1y ago
> Also, why do I know more about your constitution and governing structure than you appear to?
Do you? All you have said here is that you think that the equal protection clause forbidding segregation is more sound than the substantive due process clause forbidding criminalization of abortion. That's not a statement about governing structure. That's a statement about your interpretation of the text. I (and many others) don't think that finding a right to abortion in the text is so difficult.
It is ludicrous to point at an originalist interpretation to justify Brown. It is plainly obvious that the authors of the 14th did not intend it to forbid segregation nor would the public have interpreted it to do so at the time. Yes, there is a cottage industry of law professors seeking to square this circle but it is a ridiculous project. If you insist on originalism being the sole interpretive model of the constitution (which I disagree with) then you don't get to so easily say "well obviously Brown was correct."