It's not just the right to abortion, the GOP has taken aim at a slate of fundamental rights including the right to love, marry, and parent freely.
Amendment expressly contemplated protecting reproductive freedom. Their conversation has been edited and condensed for clarity.
Dahlia Lithwick: It seemed that Senate Democrats did almost nothing to push back on this narrative and allowed these talking points, that surfaced by the way, at the Supreme Court oral arguments in— that’s the 15-week abortion case still pending—and that as a result, these ideas about policy-driven rights become ever more firmly entrenched in the political discourse.
Amendment emerges out of the crucible of slavery and it defines the promise of freedom. It’s trying to guarantee those fundamental rights that had been long denied to those held in bondage. During the debates over the amendment the Framers are looking back and asking: What did that mean, to be denied freedom, to be held in slavery?Many of those key rights were not rights that were in the Constitution. Many of them were key to the Bill of Rights, but many of them weren’t.
Sure, but I want to back up, because part of the story goes back to the fact that a very key piece of the 14Amendment, which was the privileges or immunities clause that says no state shall enforce a law that denies the privileges and immunities of citizens. This clause was essentially stripped out of the Constitution very early on in 1873 in a case called the
. And since then, many have pushed, both on the left and the right, for the court to restore the protections in line with its text and history. But the court has never done that.Instead, the due process clause has done the work of protecting fundamental rights. And the response—often from conservatives like Cornyn is to say, well, due process seems to be more about ensuring fair procedures, and it doesn’t make sense to use it to protect fundamental rights from denial by the states.
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Omar: US 'Hypocrisy' on ICC Hamstrings Justice for Putin's War Crimes'If we oppose investigations into countries, like our own, that haven't joined the ICC,' asks Rep. Ilhan Omar, 'how can we support an investigation into Russia, another country that hasn't joined the court?'
Read more »
Here’s Why The Ricketts-Led Bid For Chelsea May Have An EdgeAn all-cash bid is attractive, but there's more behind why the Ricketts-led group may have an edge in the bidding war for Chelsea.
Read more »
Why Republicans Are Turning an Easy Election Into a Culture WarRepublicans are complicating an election they’re already likely to win because the base wants a fight and Trumpism tells them to never retreat.
Read more »
Progressive Democrat, Far-Right Republican Lead Key Pa. Races, New Poll SaysThe latest results from the well-known Franklin and Marshall College Poll found that centrist and establishment candidates in both major political parties are struggling to gain a foothold in races for Pennsylvania governor and the U.S. Senate with a month to go before the May 17 primary.
Read more »