Abcarian: The right to abortion is deeply rooted in the Constitution, and flows from amends for slavery (via latimesopinion)
“They knew that if they were honest they wouldn’t get the job, which I“But what do I know? I’m not a Supreme Court justice. I’m not a good enough liar.”
It should be obvious by now that none of this trio ever considered Roe and Casey settled law, and they certainly did not respect the doctrine of stare decisis — Latin for “to stand by things decided” — otherwise they would not have signed on to a draft opinion that tosses out a right that has improved or saved the lives of millions of women who have exercised it over the past half-century.“Liberty is a capacious term,” writes Justice Samuel A. Alito Jr. in the draft opinion.
Many of the personal liberties we now consider fundamental are what Gans calls “rights of heart and home” — like abortion and interracial and same-sex marriage — and are not enumerated in the Constitution. They find their justification in the 14specifically to protect the rights of once-enslaved Americans who were being revictimized by a raft of restrictive, racist laws in Southern states.
People who worry that overturning Roe and Casey is just the beginning of an American dark age for liberty are right to be alarmed. Alito’s draft opinion, Gans said, “is written in a way that emboldens more attacks on core precedents that guarantee fundamental rights.”Just before the Senate Judiciary Committee hearings for then-Supreme Court nominee Ketanji Brown Jackson, Tennessee Republican Sen. Marsha Blackburnthat legalized access to contraception as “constitutionally unsound.
And don’t forget another landmark decision, Obergefell vs. Hodges, which legalized same-sex marriage in 2015 by a sliver on a 5-4 vote. Two years ago, after
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