Re:Supreme Court Overturns Roe vs. Wade
by dragonwriter on Friday June 24, 2022 @03:18PM
(#31868006)
> Other things the Supreme Court has blocked state law using the same logic as roe v Wade (due process of the 14th amendment[0]) on are blocking contraception bans (grisewald), overturning anti-sodomy laws (lawrence), and giving equal protection to gay marriage (obergafel).
Also, non-discrimination in public schooling, with mandatory integration (Brown) but even before integration was understood to be essential (Plessy, permitting “separate but equal” education.) Without substantive due process, state public education which is separate by race and makes no pretense of equality would be fine. Also, the incorporation of much of the Bill of Rights as applicable against the states, as a whole.
Substantive due process is enormous, and Thomas has explicitly stated that the entire jurisprudence in that domain should be uprooted in his concurrence on Dobbs.
(Ironically, this includes the applicability of the 2nd Amendment to the State.)
Also, non-discrimination in public schooling, with mandatory integration (Brown) but even before integration was understood to be essential (Plessy, permitting “separate but equal” education.) Without substantive due process, state public education which is separate by race and makes no pretense of equality would be fine. Also, the incorporation of much of the Bill of Rights as applicable against the states, as a whole.
Substantive due process is enormous, and Thomas has explicitly stated that the entire jurisprudence in that domain should be uprooted in his concurrence on Dobbs.
(Ironically, this includes the applicability of the 2nd Amendment to the State.)