Re:Supreme Court Overturns Roe vs. Wade
by jameshart on Friday June 24, 2022 @05:15PM
(#31869414)
In fact the ruling relies, for purposes of establishing that restrictions on abortion are an established part of the American tradition, on pointing to the existence of a bunch of state abortion laws that existed in the 1860s, which were all ruled unconstitutional in Roe.
It's effectively saying 'the existence of state laws that attempt to restrict a right, even ones which have been rule unconstitutional, is itself evidence that it's okay for states to impose restrictions on constitutional rights.'
Which seems like a very odd argument to make the day after striking down a 100 year old NY State law restricting gun carry rights on the basis that there's no evidence of a long tradition of such restrictions being passed by states.
It's effectively saying 'the existence of state laws that attempt to restrict a right, even ones which have been rule unconstitutional, is itself evidence that it's okay for states to impose restrictions on constitutional rights.'
Which seems like a very odd argument to make the day after striking down a 100 year old NY State law restricting gun carry rights on the basis that there's no evidence of a long tradition of such restrictions being passed by states.