A long deep dive into the law of Roe & Dobbs
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This is an attorney who goes into the legal thinking behind Roe and Dobbs. He discusses the constitutionality of the issues, enumerated vs non-enumerated rights, and how the right to privacy was argued in Roe. He makes a big deal of the 9th amendment and how the Court uses that, as well as Palko v Connecticut to determine what is, and what is not, a "fundamental right.
Take an hour (the last 30 minutes are questions he answers). He talks kind of fast, so you might want to slow playback down.
Link to video -
Nice list, starting at the 6:13 mark, of examples of fundamental rights not explicit written into the Constitution that are recognized by the court.
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@Horace said in A long deep dive into the law of Roe & Dobbs:
The right to abortion clearly contradicts the man’s right to have a child.
One can argue it like this:
Just like the right to free speech implies the right to not speak, or the right to bear arms implies the right to not bear one, the right to have children also implies the right to not have one. -
There are many ways to make sure that does not happen. Once it happens it's too late. You already have one.
@Mik said in A long deep dive into the law of Roe & Dobbs:
There are many ways to make sure that does not happen. Once it happens it's too late. You already have one.
Works in a lot of cases, but not all. The problem with nightmare scenarios when discussing abortion laws is not that they're irrelevant. The problem's that the opposite position has nightmare scenarios of its own that are just as valid.
That's why for me, any blanket position with no exceptions should be dismissed outright.
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@Horace said in A long deep dive into the law of Roe & Dobbs:
The right to abortion clearly contradicts the man’s right to have a child.
One can argue it like this:
Just like the right to free speech implies the right to not speak, or the right to bear arms implies the right to not bear one, the right to have children also implies the right to not have one.@Axtremus said in A long deep dive into the law of Roe & Dobbs:
the right to have children also implies the right to not have one.
But there is no right to commit murder.
I guess there is a right to kill people during a war.
Maybe we could declare war on women and children and thereby legalize murdering babies.
That might satisfy a liberal scotus.
