Re:Granting Pardon for the Offense of Simple Possession of M...
by yieldcrv on Thursday October 06, 2022 @11:47PM
(#33117206)
an activist tool court would have made a 3-part legislative like framework for banning abortion nationwide.
it didn't do that, it returned the question to the legislatures.
I can agree that is disruptive, and dangerous for actual individuals, because legislature never reached consensus. I can also agree that its a job for the legislatures.
I’m aware of the ultimate goal of the people that approached it this way - find the most compliant way to get their way - I think that way was unguarded because the democrats are barely even competing. But it is disingenuous to focus on the idea that its an odd ruling when it isn't. Its near the average of time that cases get overturned, not an improbable reality, and the reasoning wasn't a stretch of the imagination at all if you actually read it.
I don't even see how that observation needs to look like a partisan perspective. So many legal journals have pointed out how odd and shaky Roe and Casey were, for Supreme Court rulings, for decades.
it didn't do that, it returned the question to the legislatures.
I can agree that is disruptive, and dangerous for actual individuals, because legislature never reached consensus. I can also agree that its a job for the legislatures.
I’m aware of the ultimate goal of the people that approached it this way - find the most compliant way to get their way - I think that way was unguarded because the democrats are barely even competing. But it is disingenuous to focus on the idea that its an odd ruling when it isn't. Its near the average of time that cases get overturned, not an improbable reality, and the reasoning wasn't a stretch of the imagination at all if you actually read it.
I don't even see how that observation needs to look like a partisan perspective. So many legal journals have pointed out how odd and shaky Roe and Casey were, for Supreme Court rulings, for decades.