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Just around, or slightly around the level of testing that Roe vs Wade prior to Dobbs. Or a bakers dozen of other established precedents that were "one of the mo
by PaulDavisThe1st 2mo ago
Just around, or slightly around the level of testing that Roe vs Wade prior to Dobbs. Or a bakers dozen of other established precedents that were "one of the more tested legal concepts" until ... recently.
- pbh101 2mo agoGenerally speaking, no: there’s a significant difference in precedent between the two. IANAL, but interstate commerce is explicitly written into the Constitution as the jurisdiction of the federal government and was tested (and generally serially expanded) in court multiple times long before Roe.
- PaulDavisThe1st 2mo agoBirthright citizenship is explicitly written into the Constitution, yet about a month ago, 2 SCOTUS justices provided opinions and votes suggesting that this detail doesn't matter much.
- vharuck 2mo ago4, actually. 3 voted to allow the executive order rescinding birthright citizenship. 1 voted against the order, but on the reasoning that it violated a law from the early 1900s, not the Constitution.
- wildzzz 2mo agoUnfortunately for Roe v Wade, abortion and a right to privacy aren't explicitly laid out in the Constitution. Interstate commerce is. New York would be entirely in their right to ban Kalshi in New York but not halt operations nationwide.