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MistyCee Best Comment
They don't have the votes to do anything at the moment, but there's some really ingenuous ideas coming out as to how Congress might be able to put the Court in its place if they did:
https://www.nytimes.com/2022/07/01/opinion/dobbs-roe-supreme-court.html
https://www.nytimes.com/2022/07/01/opinion/dobbs-roe-supreme-court.html
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@MistyCee This honestly is good for nobody at the end of the day.
@JustGoneNow I hear you, but even worse than the Dobbs case, I think that Thomas' "pure originalist" decision in Bruen is more dangerous.
Justices have been fighting about substantive due process, unenumerated rights, penumbras, etc, but never before have we come up with such a pure "historical" approach that absolutely eliminates modern weighing on on the public welfare like what Thomas proposed in Bruen.
Add that to crippling the executive with the EPA decision, and daring a dysfunctional Congress to protect us, and I think the Dobbs thing is more just like another drop in the bucket.
Justices have been fighting about substantive due process, unenumerated rights, penumbras, etc, but never before have we come up with such a pure "historical" approach that absolutely eliminates modern weighing on on the public welfare like what Thomas proposed in Bruen.
Add that to crippling the executive with the EPA decision, and daring a dysfunctional Congress to protect us, and I think the Dobbs thing is more just like another drop in the bucket.
@MistyCee I agree. Nullifying the EPA (a department created by congress) is the equivalent of canceling legislation in my opinion. A very, very dangerous precedent.
I’m not sure now. When they can just declare legislation null and void because it supposedly doesn’t conform with their interpretation of the spirit of the constitution… you’d have to pass actual amendments to the constitution… and the bar for that too pass is very high.
@Roundandroundwego @GJOFJ3 it’s not the decision, it’s the opinions that bothers me. Please don’t assume you know my position when you don’t know it at all. The correct argument is the child’s right to life, over the mother’s right to choice over her own body. That’s not what they did here when they argued it. What they did argue is that the unenumerated rights are not guaranteed unless explicitly stated under the constitution… or having a long tradition with our country. Remember this has technically been settled law for close to 50 years. This puts all unenumerated rights at risk of being forfeit, including the right to sexual contraception, the right to privacy, the right to medical care, the right to marry if gay, and the right for a black and white person to marry among other things. At what point does an unenumerated right become a long tradition? This makes things incredibly subjective to the whims of judges and how they feel. Also, this case at it’s bare bones was about the right to privacy and right to medical care… not about abortion. By issuing the opinions they way they did, they chip away at those rights. What happens when it becomes about forced vaccinations instead? This sets a very dangerous precedent, far beyond the abortion debate.
@GJOFJ3 This decision did not… for that I was talking more about the invalidation of the EPA. They’ve made quite a few decisions lately. Not just roe v wade.
@Roundandroundwego I don’t understand why every Conservative calls me a Dem and every liberal calls me a Republican. I’m definitely neither. Neither of the two parties are about freedoms anymore. It’s merely what you get told to do and by whom. It’s been very sad for freedom for a very long time now.
Dems don't agree. Someone like Sinema can take money from Republican lobbyists and completely stop anything the Dems could do. Manchin takes Koch Oil money.
Zeusdelight · 61-69, M
Oh Roundandroundwego, you are broing.
Thanks for the BC!
CorvusBlackthorne · 100+, M
Did you grow bored of using your other troll account, then?