“We’re seeing constitutional fundamentalism on this really deep level. The rules, and the text, and the history. … they care about it if it lets them win.” ma_franks
Chemerinsky noted that we will likely see cases debating contraceptive care,and the rights of women traveling to receive abortion care outside of home states that have banned it. He referenced the majority opinion that rejected the idea of privacy previously found in the 14th Amendment and the fact that Justice Thomas in his concurring decision named other cases founded upon this right, including those concerning contraception and same-sex marriage, as possibilities for re-examination.
“The implications are frightening,” he said. “Once the Court pulls this thread from the fabric, I don’t know how the rest of it can stand.”, separated abortion from other privacy rights such as same-sex marriage, Chemerinsky says this promise to leave those settled precedents alone is nothing to hang our hats on: “‘Just trust me’ by Justice Alito rings hollow.
“It needs to be clear that the Court is saying who lives, who dies, who gets to defend themselves, who doesn’t.”“This is not the culmination of anything. This is the start of a conservative revolution in America… The Court is laying the ground work for more expansive decisions.”“I don’t think this is the beginning. … the Court has been conservative for some time. What’s different now is that the Court is more conservative than it’s ever been.
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