Re:South Carolina bill outlaws websites that tell how to get...
by dragonwriter on Friday July 22, 2022 @11:46AM
(#32193230)
What I am talking about is that the particular mode of originalism that seems to have been adopted in Dobbs (and especially the extension specifically naming the broader doctrine of substantive due process as needing reconsideration in Thomas’ concurrence) is one which it is hard to see incorporation under the due process clause surviving if applied in any intellectually consistent, coherent manner.
The Court will rely on this precedent where convenient, I suspect.