macrofinite t1_iyszsya wrote
Reply to comment by ilikedota5 in We're Tom Wolf,Eliza Sweren-Becker, and Ethan Herenstein. We work on democracy reform at the Brennan Center for Justice. Ask us anything about the Supreme Court’s upcoming case Moore v. Harper and the “independent state legislature” theory. by TheBrennanCenter
Well, there you go.
Roe wasn’t made up, it just offends the reactionary way of thinking. Clearly, making up a bit of history is a smidge distasteful to you, but whatever it takes for the cause, right?
But here in the real world, it’s impossible to create a set of laws that covers every facet of human need an behavior. There is no choice but to infer judgement in cases where the law is not explicit. And I really doubt you want to start arguing that a right to privacy is a terrible thing that is unconstitutional and needs to be overturned across the board. But maybe you do, who knows. The fascists are everywhere these days.
Alito, Thomas, Gorsuch, Kavanaugh, and Barrett are hacks, and Roberts is a pussy. They will enforce their personal preferences upon the law with the flimsiest justification, regardless of what the law says or means, and often in direct opposition to what is right. The deepest of irony is looking back at those decades of reactionaries whining about activist judges, and then coming to a full realization of how deeply they have fucked the country by installing these hacks for life.
Their whining was always projection. Because these people don’t give a shit about law, they just want the legitimacy that the “law” provides. Their way of thinking would be laughably childish if it weren’t hurting so many people.
ilikedota5 t1_iyszzsh wrote
The court is not where this stuff should be fought out. Its the province of the legislature. That's precisely why Dobbs threw it back to the States.
The court is supposed to be brakes on the system, to stop the other branches from infringing on existing rights, not inventing new ones out of whole cloth, because they aren't the legislature.
The issue with arguing that the right to privacy extends to abortions is that where does it stop? What is the limit to the right to privacy. All rights have their limits somewhere, because the right to something means defining what encompasses that right. I could strawman it to death, and my point is, without a limit it would swallow up everything else. And should SCOTUS be the one creating and defining those limits? From what basis of constitutional text should they have that power?
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