Let the fun begin...
27/6/22 21:18![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
luzribeiro posting in ![[community profile]](https://www.dreamwidth.org/img/silk/identity/community.png){kind=small}
talkpoliticsHeld: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives. Pp. 8–79.
https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
Since to the Supreme Court overturned Roe Vs. Wade because legal precedent no longer matters, there's nothing stopping them from overturning gay and interracial marriages, voting rights for minorities, rights for non-citizens living in the US, child labor laws and children's right to a public education, or what little gun control regulations you've got, all of which can be determined and regulated by each state but can easily change should political party control switches after each election.
The Supreme Court seems very concerned not to encroach on the role of Legislatures. Alas, many of these legislatures, particularly the federal one, don't seem very enthusiastic about their role. In the 50 years since Roe, nothing was accomplished to enumerate the right or define a federal law institutionalizing it.
The right course of action, for anyone concerned about the other Supreme Court decisions based on possibly over-broad interpretations of the 14th Amendment - now is the time to get the Congress to pass a law. Hopefully a brief, clear, law that reinforces the "correctness" of these court decisions.
https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
Since to the Supreme Court overturned Roe Vs. Wade because legal precedent no longer matters, there's nothing stopping them from overturning gay and interracial marriages, voting rights for minorities, rights for non-citizens living in the US, child labor laws and children's right to a public education, or what little gun control regulations you've got, all of which can be determined and regulated by each state but can easily change should political party control switches after each election.
The Supreme Court seems very concerned not to encroach on the role of Legislatures. Alas, many of these legislatures, particularly the federal one, don't seem very enthusiastic about their role. In the 50 years since Roe, nothing was accomplished to enumerate the right or define a federal law institutionalizing it.
The right course of action, for anyone concerned about the other Supreme Court decisions based on possibly over-broad interpretations of the 14th Amendment - now is the time to get the Congress to pass a law. Hopefully a brief, clear, law that reinforces the "correctness" of these court decisions.
(no subject)
Date: 28/6/22 01:07 (UTC)(no subject)
Date: 28/6/22 18:36 (UTC)(no subject)
Date: 28/6/22 19:14 (UTC)In Canada we have the living tree doctrine which is pretty much accepted as gospel by the entire legal community. This means that provisions of the Constitution, including our Charter of Rights and Freedoms embedded in it, can be "read into" by the courts to apply a reasonable standard. This is how we ended up settling gay marriage and abortion in the country because we read into minority rights to include sexual orientation even though it is not expressly stated as a protected category and consider abortion to fall under the right of every person to life meaning access to proper healthcare. I know there is a strand of US legal scholarship that emphasizes an interpretation similar to the living tree doctrine in the US but it is not widely as accepted as in Canada. We do not have nearly the same level of politicization of the courts in my country.
(no subject)
Date: 30/6/22 18:26 (UTC)