Reply to “We hold that Roe and Casey must be overruled," Justice Alito writes in an initial majority draft

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Reply to "“We hold that Roe and Casey must be overruled," Justice Alito writes in an initial majority draft"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I'm a Democrat, pro-choice, and a law professor. With that said, I agree with Justice Ginsburg: the logic of Roe was haphazardly pieced together. Casey is proof of that. My sincere hope is the final decision gives some limited federal protection at the federal level, kicks it back to the states, and opens the door for an equal protections argument in the future.[/quote]

In other words, you do not believe women have the right to bodily autonomy or to make their own medical decisions.  [/quote]

I do, but the Roe legal argument was not super great. Roe should be about equal protection, not privacy.[/quote]

How does equal protection work in this context when no one else is similarly situated with women in relation to pregnancy?[/quote]

Regulating personal decisions based on gender means theyre not provided equal protection. The problem there is the counter argument is that women are provided greater "protection" through these laws and therefore might not have standing.  Plus, that would only apply to having an abortion not providing services to have one.

The 9th Amendment (and privacy) was the way to go.  "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Combine that with the historical truth that abortion (and contraception and interracial marriage and homosexuality) was legal in 1787.  Problem there is that the 9th is a very dangerous power to open up.  Also, a lot of precedent would have gotten messed up, that doesn't matter anymore because precedent is now messed up because of Alito.

[/quote]
Why isn’t it a 14th argument based on liberty?[/quote]

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