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this post was submitted on 23 Jan 2024
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Sorry I started with "here we go again". In retrospect, it's not fair to treat a person who makes an argument like they are the argument itself.
It's very common that I hear the "invented a right" complaint for Roe. There are a lot of valid criticisms for how jurisprudence works in America, but none of those valid criticisms started with Roe. Arguably they didn't even fully start with Griswold, but the specific one in Roe did. People also often bring up Justice Ginsburg's distaste for Roe. What they don't understand (or conveniently forget) is that she was overridden in her 14th Amendment assertions by Justices that could be described as "Pro-life", who came up with perhaps the most anti-choice interpretation of the Constitution as it was seen at that time. The "shaky ground" people talk about wasn't Roe, but that Roe intentionally left a ton of room for states to add so-called "reasonable restrictions" on abortion, the kinds of restrictions the federal government would really struggle to justify limiting. If Oklahoma has a 3rd Trimester ban, get the abortion earlier or drive to a state without said ban. So long as they didn't ban leaving the state to get an abortion, there's not much for the federal government to write a law on.