The Soapbox

WahooRQ

Joined: 04/30/2006 Posts: 44682
Likes: 60757


To play Devil’s advocate, Alito and the majority seem to accept the


fundamental rights concept that underpins Substantive Due Process doctrine. They just claim abortion rights are not rooted in tradition like marital rights, contraception, right to direct the upbringing of your kids, etc. largely because abortion was widely illegal at the time the 14th was passed, etc., and it took a SCOTUS ruling to change that norm.

I don’t agree with it, and like you, don’t see how you can really distinguish that from the anti-birth control laws at issue in Griswold, the anti-sodomy law at issue in Lawrence, or anti-miscegenation laws at issue in Loving. Each was litigated because there were statutes that made the concept behind it illegal. But that seems to be their philosophy based on this opinion. Thomas seems to think the entire doctrine is bullshit, which I also agree with you most Federalist types agree with behind closed doors.

But it seems like at minimum Roberts and Kavanaugh wouldn’t sign off on something that extreme so maybe there is some hope on that front. I wouldn’t bet on Alito or Barrett either though.


[Post edited by WahooRQ at 06/27/2022 4:49PM]

(In response to this post by southdenverhoo)

Posted: 06/27/2022 at 4:47PM



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