Re:Supreme Court Overturns Roe vs. Wade
by Dracophoenix on Monday June 27, 2022 @09:53AM
(#31894611)
A mistake on my part: Griswold was partially predicated on the 14th amendment as one of the "emanations" but, unlike Lochner, not given a first-principles argument for substantive due process under the 14th amendment.
(2) Roe vs Wade is not premised on the 9th amendment (as much as I would have liked that) or cases involving substantive due process (Lochner vs New York), but on Griswold vs Connecticut, which relied an unsubstantiated argument of "penumbras" and "emanations", as though rights can be "found" in the same way that one summons Captain Planet. Roe vs Wade does not make a protestation to the defense of bodily autonomy as a fundamental right. In fact, Roe explicitly rejects such arguments.