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Thread: Roe v Wade Overturned

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  1. #1
    Join Date
    Feb 2011
    Posts
    4,916
    You have below-replacement fertility. Instead of having children, you adopt the Third World. We are in the same situation. There is a public interest in fertility. There is a moral interest in preserving the right to life of unborn human beings. I'm not saying those are necessarily the controlling interests. There are individual interests in privacy and bodily autonomy to balance. Hence the need for a democratic process to balance these interests. In the absence of explicit constitution language, there simply is NO ROLE for the Supreme Court in the debate. The justices have a job to do, but it not the job of legislators.

    The gun rights issue is altogether different as there a constitutional guarantee.

    I don't know about the 70s. A major turning point was Brown v. Board of Education in 1954 where SCOTUS threw out Topeka, Kansas's racially segregated school system basing (accurately, for change) on the "equal protection under law" clause of the 14th Amendment. Brown repudiated an earlier SCOTUS ruling, Plessy v. Ferguson (1896) that had permitted segregation in public accommodations (passenger cars on a train).

    Plessy held that segregation was consistent with the "equal protection under the law" clause provided the segregated accommodations were "separate but equal." Writing for the majority in Brown v. Board of Education, Justice Warren pointed out the patent inferiority of Black public schools in Topeka and declared: Separate but equal is impossible in this case.

    Brown was a righteous decision that restored the force of a constitution protection vitiated by decades of Jim Crow segregation. Justice Alito cited Plessy it in his Dobbs decision this week. Alito wrote: "Like the infamous decision in Plessy v. Ferguson, Roe was also egregiously wrong and on a collision course with the Constitution from the day it was decided."
    Last edited by Robus; 26-06-2022 at 12:12 AM.

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