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this post was submitted on 11 Dec 2023
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They would have had to figure out why it was unconstitutional first. It would be greater protection than Roe by itself.
“Because Jesus died on the cross for your sins”
Prove it
Because Congress lacks the authority to regulate that issue, and the tenth amendment exists. Issues relating to health or morals are typically left to the states. Arguing something like the interstate commerce clause would have been quite the stretch.
The 9th amendment also exists, as do the 1st, 3rd, 4th, and 14th. To believe it's a states rights issue is hilariously wrong, as is the Dobbs opinion. Dobbs is law right now, but this court destroyed any concept of precedent mattering, and the younger generations are in overwhelming support of abortion. Dobbs will be overturned, and the right knows it, hence aspects of project 2025 being partially about stripping all people of the right to an abortion.
Dobbs proves my point, not yours, they are limiting unenumerated rights and returning an issue of morality and healthcare to the states. They would do the same with this statute. You don't need to agree with them, but it's true.
Are you going to base Congressional authority on a tenuous interplay of the 1st and 14th amendment and an unenumerated right to privacy? Because the court already ruled against that. Interstate Commerce? That's laughable at best.
If you want to make your point you're really going to have to state where Congress gets authority, because I assure you, SCOTUS would ask in oral arguments.
Also, Dobbs shouldn't be overturned, Roe was a terribly written decision that wasn't based on law, but tried to settle the issue by being everything to everyone. The next liberal court should rule on bodily autonomy grounds, not privacy.
Lmfao sure bud, keep living in your fairytale world
You strike me as someone with no legal training, who has never read Dobbs, never read Roe, and doesn't have the first clue what they're talking about.
And you strike me as an originalist. Don't go after my legal knowledge like you think you know how much I do or don't know. I've read every majority, minority, and concurring opinions from Griswold, Roe, Lawrence, Planned Parenthood v Casey, Lawrence, Windsor, Obergefell, and, of course, Dobbs.
The arguments presented for Dobbs, were exclusively Christian fundamentalist. It relied on literally 0 actually substantial claims, it was clearly a case that SCOTUS already made up its mind for.
Kavanaugh, Barrett, and even Gorsuch all specifically said they would never vote to overturn the 50 years of precedent of Roe when they were having their confirmation hearings. They swore they would not because the GOP knew of the fallout that would happen if Roe was ever actually overturned. The 2022 and 2023 elections proved them right.
Even Clarence Thomas said he would abstain on cases like this where he has such personal feelings in his own confirmation hearings, yet he did not do so in Roe. The point I'm getting at with this is that at least 4 of the judges that voted for it have already demonstrated they're fucking liars. How much of your word can you even take, even if you agree with them?
Lastly, I suggest you read the concurring opinions of Dobbs. Clarence Thomas' is especially mortifying. There is no legal argument in it, it is strictly pure hatred. If it wasn't, and he was being consistent, he would have mentioned overturning Loving v. Virginia too, but we all know why that's not something he'll do.
Definitely not.
Did you believe them? Never had a doubt they'd vote that way.
Congrats, you and every other 1L.
For a refreshing change of pace?
Roe was terribly reasoned and made for bad law. In the same way Dobbs was the result of starting with a conclusion and then reasoning it, so was Roe.
A better basis for abortion access is bodily autonomy. A constitutional right to say how one's body is used is at the heart of all other rights. That's a much better foundation than privacy.
Refreshing change of place? Motherfucker Thomas' opinion said they should "revisit" other cases like Lawrence. Obviously when he says "revisit" he means overturn. You saying that confirms literally all I need to know about your intent
Stop trying your manipulative, disingenuous arguments here, they mean the same as the shit fascists like DeSantis say
So you have no sense of sarcasm?
I'm sorry, you're too stupid to continue this. Nothing I said was manipulative or fascistic, your reading comprehension is abysmal.
Sure bud