Re:Granting Pardon for the Offense of Simple Possession of M...
by roenxi on Sunday October 09, 2022 @03:23AM
(#33138887)
> No, it was not. If you read the decision, it is very clearly based on the 14th amendment:
Yes, but as the Supreme Court has since pointed out that was a flawed and incorrect understanding of the 14th amendment. To the point where the current justices felt it reasonable to go back and overturn the decision. And it seems to be quite hard to support the original decision with quotes from the constitution, as people aren't doing that.
I mean, the key part of the text is what? "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."? If we can go from that to "abortions are a right", then we can go literally anywhere. It is logically and practically a non-sequitur, especially in context of other stuff that the government does like military drafts or interference in people's other medical choices.
Not to say I'd be unhappy if "liberty" automatically meant a total autonomy over one's own body. I think that would be a great standard! But we just came through COVID and it is obvious that isn't where the standard is.
> Like there is today? The majority of people in the US today think Roe/Casey should have been left alone. That is as close to a fact as we can have, polling shows it clearly.
It is pretty obvious the current situation is also the result of a focused campaign for promoting state control of abortion legislation. I don't think there is much controversy over that particular part of the story.
Yes, but as the Supreme Court has since pointed out that was a flawed and incorrect understanding of the 14th amendment. To the point where the current justices felt it reasonable to go back and overturn the decision. And it seems to be quite hard to support the original decision with quotes from the constitution, as people aren't doing that.
I mean, the key part of the text is what? "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."? If we can go from that to "abortions are a right", then we can go literally anywhere. It is logically and practically a non-sequitur, especially in context of other stuff that the government does like military drafts or interference in people's other medical choices.
Not to say I'd be unhappy if "liberty" automatically meant a total autonomy over one's own body. I think that would be a great standard! But we just came through COVID and it is obvious that isn't where the standard is.
> Like there is today? The majority of people in the US today think Roe/Casey should have been left alone. That is as close to a fact as we can have, polling shows it clearly.
It is pretty obvious the current situation is also the result of a focused campaign for promoting state control of abortion legislation. I don't think there is much controversy over that particular part of the story.