wazzu1452 wrote:
At the time of the 14th Amendment abortion was criminalized in every single state. So, by definition, it provided ZERO abortion rights or right to "privacy".
5 unelected liberal judges in black robes invented abortion rights out of thin air.
This was always a state issue.
Roe v Wade was a 7-2 decision.
The right to privacy comes from the judicial interpretation of the 14th amendments prohibition on a state law that denies someone "life, liberty or property without due process of law." Since the 1920s, the courts have interpreted "liberty" to include a right to privacy. So, it is a bit interesting after right wingers have been shouting about "liberty" whenever they are asked to where a mask before going into a nursing home or cancer ward are now saying that "liberty" in the constitution is just surplusage (i.e. extra words that have no legal weight).
Judge Alito's claim that "liberty" should be defined by reference to historical constitutional standards is pretty amazing in that historical constitutional standards include limiting suffrage to white male property owners, women being considered chattel, black people being chattel slaves, raping your wife is legal, putting people in jail for interracial marriage, and so on. And LLCs did not exist at the time of the framers. So, how can they have a constitutional right to free speech by giving to political campaigns?
Roe is being reversed because the composition of the court changed not because Roe has no legal foundation. Roe is the end of nearly fifty years of supreme court cases on the right to privacy under the 14th amendment. This marks the end of stare decisis at the supreme court. The court's opinions are only as good as long as the court is packed to one side ideologically. As soon as that changes, the court will reverse itself.