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this post was submitted on 03 Jan 2024
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They never did anything because roe was rock fucking solid!!! Scotus had to literally show how corrupt they were by completely ignoring the 9th and the 14th amendments. They basically completely destroyed 50 years of jurisprudence and literally lied in their Dobbs reasoning.
Stop pretending any fucking law on the books would have stopped these ghouls.
Except it wasn't law, only jurisprudence. And many law scholars warned about the exact scenario that unfolded.
They ignored literal parts of the Constitution. How is another law going to stop that?
The Roe ruling was one based on a privacy argument that held up. A law explicitly enshrining these rights might have helped.
There are thousands of pages of legal analysis out there that break down how that should work. The goal would be to explicitly state these rights I stead of allowing interpretation by judges.
But laws are interpreted by the courts so a law passed by Congress would still be subject to their interpretation. In fact, even rights outlined in Constitutional amendments are interpreted by the courts. The best option would have been a constitutional amendment that was as specific as possible. However,
A) a constitutional amendment was not needed and should not have been required. The right to abortion was already codified in law and had a large pile of case law backing it up. Should we try to pass amendments for all the unenumerated rights? Do we need a state convention every time the courts rule in a way that establishes a new right?
B) Even that would not have stopped a court that had already made up its mind decades ago. They could have ruled that the new amendment violated the old ones and was void. They could have ruled it only protected abortion in rare cases, or that states rights are more important and overrule the right to abortion.
C) a constitutional amendment was never going to pass to requirements to become law. It would require a Dem supermajority in both chambers or Dem control of 2/3rds of states which is impossible with current gerrymandering.
Fundamentally we are looking at a whole party that would break any rule, law, or norm as long as it lets them do what they want. Establishing more rules or laws just gives them more things to break. The only party at fault here is them.
The courts don't routinely invent entirely new rights whole cloth. It's much, much more common to make rulings on exactly how already established rights apply in new or untested scenarios. Roe is one of those exceptions. Roe was weak legally, even if it was good from a policy standpoint.
No, it wasn't. It was always just one bad decision away from crumbling, one that was always imminent because while it might be good policy, it was a bad decision from a legal standpoint. Any decision built on implied rights drawn from the shadows cast by other legal rights is inherently going to be on shaky ground, because determining what exactly those implied rights are is like reading tea leaves.
It doesn't help that a lot of the arguments, positions and implied rights surrounding abortion seem to only apply in that context.
No, it wasn't. There are plenty of areas in medical care and our personal medical decisions that somehow didn't fall under these amendments.
It was not solid, which is why Dems kept promising for 50 years to codify it into law. They fucked around and women got screwed.