Reply to And now Clarence Thomas is talking about taking away contraceptives!

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This substantive due process argument was used in many other cases, including Roe v Wade.  Clarence Thomas suggested revisiting those decisions based on this dubious argument of substantive due process.
The concept of substantive due process was prominently argued in Dred Scott.[/quote]

Can you summarize what substantive due process or give a link to an explanation?[/quote]

In its most basic sense it’s a judicial construct derived from the due process clause of the Fifth Amendment, incorporated into the Fourteenth, that is supposed to protect individua[b]ls against government actions that exceed their constitutional or legislative authority. It’s the underpinning of the “undue burden” standard in the Casey decision. [/quote]

Pp here. Thx.  So, the premise is (or I guess “was”) that substantive due process means the government cannot interfere with people rights to freedom, liberty, privacy to marry someone of the same sex, have an abortion, use contraception, etc. Then if Thomas is arguing that doesn’t exist wouldn’t that mean there are no limits on government’s ability to interfere??  That doesn’t seem very “conservative”.  [/quote]

DING DING!  You nailed it.  [/quote]

Thank god some people understand what is happening.  It’s a five alarm fire.[/quote]

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