No, no one has made any formal legal claim that abortion rights is tied to "bodily autonomy". Roe was decided on the right to privacy. If your concern about laws being overturned is valid, then the same could be said of any law - the law outlawing slavery, the law establishing protected classes. Why have any laws? I am shocked that you think the constitution cannot be amended through congress action... or maybe not. While laws can indeed be changed, it is far more durable than relying on judges to interpret vaguely written laws, or construct rights out of nothing. No respected legal scholar believes Roe "was the correct way" to affirm the right to abortion. |
You're confusing euthanasia with abortion. |
I posted a comment on this months ago, but Roe was written at a time when no one talked about women’s bodies. Privacy was a euphemism. Also. The Constitution was amended to abolish slavery, in case you missed that in law school. Lightweight. |
Rights are not absolute. They are subject to constraint by the state in compelling circumstances. The test that the SCOTUS just threw out by erasing women’s rights. Euthanasia and abortion are both private medical decisions—state needs to justify itself more compellingly than they do for issuing parking tickets. |
DP: I am getting a bit lost here, but what's clear is that Dems can move the agenda forward by a) getting a federal law passed (which they could and should have done decades ago) b) getting a Constitutional amendment passed What the CANNOT do, unless they are Dem no more, is to change the rules of the game because they don't like the current score. |
In the case of abortion that justification is obvious: to protect the life of the unborn (which includes many future women). Even the Romans two thousand years ago recognized that simple fact. |
Actually what they can do is use the power they have to add Justices to the court. That’s not changing the rules, it’s playing the game. |
That's obviously changing the rules, and inviting serious trouble next time that Republicans get a majority in Congress. You kill Democracy by killing the Judiciary. |
Great—so then why did SCOTUS have to throw out the test? Because they wanted to place no limits on what the state can tell women to do with their bodies. The way the Court has to balance interests in cases where fundamental rights are at stake is different than the way they have to balance interests in cases where they are not. In Dobbs, the Court just said, that’s too hard so we are saying women have no rights to private medical decisions regarding their fertility. It absolutely radical and insane. |
No it is not. The rules say you can add justices. We should. |
So now you want us to infer what was implied by a decision that was itself an inference on what was not written? Yes, I know slavery was outlawed by a constitutional amendment, that's why I said "the northern states", which was a reference to the pre-civil war era when the northern states outlawed slavery even though it was legal in southern states. |
Republican changed the game by holding Garland's nomination and moving fast on Amy's. They killed the Judiciary by packing the court with Federalist activists. |
LOL, that's how SCOTUS nominees have always been handled nearing the end of the term of a president if the senate is controlled by the opposing party, with very few exceptions. There is nothing new there. Packing the court with judges aligned with the presidents political ideology is also normal and expected. None of this is new. It may be new to you, but that doesn't make it new. |
The only rights we have are the norms republicans say we have right?
No, that’s not how the Constitution was drafted. We have a multitude of rights the government can’t curtail without giving a damn good reason. Access to healthcare is one of them. Time to expand the court! |
This |