Reply to SCOTUS: oral arguments for Dobbs v. Jackson (MS abortion case)

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Damn, the rightwing justices are really ready to trash stare decisis.

It will completely upend the American legal system, law school training, etc.

This is wildly radical and anarchist. [/quote]

They need to be careful.  If they overturn stare decisis and start the slippery slope that some Constitutional rights can be abridged, you can bet that there will be new restrictions on 2A from liberal states.  If SCOTUS determines that RvW can be abridged, then there is no protection for 2A any longer.  As long as the right to bear arms is preserved, states can then instituted many restrictions on what types of guns, how to register guns, when and where users are allowed to carry, etc.

If stare decisis no longer protects Roe or Casey, then it definitely will not protect Heller.[/quote]

Not quite because the right to gun ownership is actually stated in the Constitution.  The challenge with abortion is that it’s not specifically addressed and thus falls under a penumbra type umbrella.  This is way more similar to Plessy.  Bad law at the beginning and over time it has resulted in more bad law.  So important to recall that the horrors of the segregated south were because that lifestyle was found constitutional by the Supreme Court.  Here, the law was badly decided and should be left to the states.  It Plessy taught us anything, it has taught us that just because a law has been around for 50 years, that doesn’t make it right.[/quote]

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