Reply to Why does Alito claim that Roe was "egregiously wrong from the start?"

Forum Index » Political Discussion

Reply to "Why does Alito claim that Roe was "egregiously wrong from the start?""

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous]IMo, Alito says that Roe is a “bad decision” because he is parroting the criticism of tbe decision since Day 1, which in turn was made because saying Roe is bad law (as in intellectually poor argument)  is more permissible than being perceived as a misogynist because you think women shouldn’t have this right.

The bottom line for me (as someone who is a lawyer). Roe is perfectly fine law. It builds on earlier case law (Griswold, Loving and other) and subsequent cases are built on the same principles as Roe (Obergefall, etc.). It’s consistent with a post-Civil War concept that the lack of control over reproduction and family life was a fundamental aspect of slavery, the correction of which was part of the purpose of the 14th amendment.

What people criticize as Roe being “legislative” is nothing more than a concept of protecting the basic rights of women against the state interest in legislating to protect health.  Balancing is not unusual in case law, and the court did not set out specifics - which we know is true because of all of the legislating that has been done since.

I personally think it is inappropriate to allow women’s fundamental civil rights to be controlled by the vote in each state - SCOTUS and the Constitution has always been the place to seek basic rights enjoyable nationwide.

The problem for an oppressed minority (and women are still oppressed in many ways and even if the majority in number are still the minority in power) is that the oppressors make it difficult to vote one’s way out of oppression and into accession to fundamental rights. [/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics