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A comment on Supreme Court Overturns Roe vs. Wade. Parent comment

Re:Supreme Court Overturns Roe vs. Wade by nobody9999 on Friday June 24, 2022 @03:29PM (#31868173)
You are apparently unfamiliar with the legal systems in the US (the federal system and 49 states), which are Common Law[0] systems (Louisiana uses a French style "Civil Law" system):

"In law, common law, also known as judicial precedent, judge-made law, or case law, is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.[2][3][4] The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts."

[0] https://en.wikipedia.org/wiki/Common_law

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Re:Supreme Court Overturns Roe vs. Wade by pie_flavor on Saturday June 25, 2022 @01:32AM (#31872835)
If you scroll to the US section of the article you linked, you will see that the federal government does not have a common-law system.
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Re:Supreme Court Overturns Roe vs. Wade by MichaelZuo on Saturday June 25, 2022 @10:33AM (#31875606)
Huh that is surprising! "There is no federal general common law"

Though it does kind of make sense, after all it's the United States of America, not the United People's of America, or the United Local Jurisdictions of America.

The States can have rights that supersedes the people apparently.

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Re:Supreme Court Overturns Roe vs. Wade by nobody9999 on Saturday June 25, 2022 @06:30PM (#31879274)
>Huh that is surprising! "There is no federal general common law"

My reading of the particular passage[0] in the Wikipedia article is that while Federal courts are no longer independent sources of common law, they operate along with other systems that are, and often impact the common law of the several states with rulings that set the limits of Federal, State and individual power.

As such, the reality is a bit more complicated,

N.B.: IANAL and this is not legal advice.

[0] https://en.wikipedia.org/wiki/Common_law#United_States_feder...

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Re:Supreme Court Overturns Roe vs. Wade by MichaelZuo on Tuesday June 28, 2022 @09:06AM (#31907174)
It wouldn't make sense the other way around, since whenever individual rights contradict that of the State's, the federal court(s) would effectively undo the basis of their sovereignty.
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