Hang on America. We are going into the sewer of thought and unleashing hate as never seen in this country since 1918 or 1939.
The Constitution Is Whatever the Right Wing Says It Is
The Supreme Court majority’s undead constitutionalism is transforming right-wing media tropes into law.
By Adam Serwer, 25 June 2022
"The Supreme Court’s decision overturning Roe v. Wade, allowing state governments to force women to give birth, is the result of decades of right-wing political advocacy, organizing, and electoral victory. It is also just the beginning of the Court’s mission to reshape all of American society according to conservative demands, without fear of public opposition.
Justice Samuel Alito’s opinion in Dobbs v. Jackson contains a classic Alito disclaimer—an explicit denial of the logical implications of his stated position. In this case, Alito declares that “nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion,” even as he argues that when it comes to rights “not mentioned in the Constitution,” only those “deeply rooted in this Nation’s history and tradition” are protected. If you’re asking yourself who decides which rights can be so described, you’re on the right track.
This will not end with the determination, as the dissenters write, that states may decide that “from the very moment of fertilization, a woman has no rights to speak of.” The conservative movement’s control of the Supreme Court, its success in skewing the electoral process through voting restrictions and gerrymandering, and the Democrats’ likely collapse in the coming midterms have bolstered Republicans’ confidence that they can drastically reshape American society on their terms without losing power.
Worse is coming since the "SIX" are justices for life. Hunker down folks, liberals, people who like freedom.
"The core conservative belief about the culture war is that there is a Real America that is conservative, and a usurper America that is liberal. This, not historical research, not legal analysis, is the prime means of constitutional interpretation for its current majority. And while the justices will both pretend and insist otherwise, the public need not flatter their imperious delusions. They should take the right-wing justices’ vow that other constitutional rights are safe for precisely what it is worth—which is to say, absolutely nothing."
If the Supreme Court Can Reverse Roe, It Can Reverse Anything
No one should get used to their rights.
By Mary Ziegler, 24 June 2022
End of Roe Threatens Gay Marriage, Birth Control Access: The 14th Amendment, Explained
How is abortion connected to gay rights and birth control, legally speaking?
By Staff and AP • Published June 24, 2022
"How did the Supreme Court apply the 14th Amendment to the Roe v. Wade decision?
Writing for the majority opinion in Roe v. Wade, Justice Harry Blackmun said that the court held a woman’s right to an abortion was implicit in the right to privacy protected under the 14th Amendment. However, while the Supreme Court ruled in favor of a woman's right to choose, it also acknowledged the state's interest in protecting the "potential of human life."
To balance the competing interests, the court established a "trimester" framework for the legality of abortions:
First Trimester (up to 12 weeks): Gives a woman an absolute right to an abortion in the first three months of pregnancy.
Second Trimester (up to 28 weeks: Allows the government to regulate abortion in order to protect the mother’s health, but cannot ban it.
Third Trimester (up to 40 weeks): Because the fetus is considered "viable" — can survive on its own outside the womb (about 24 weeks of pregnancy) — states can prohibit abortion except in cases when the mother's life is at risk.
However, in 1992, the trimester framework was overturned in a ruling of the Supreme Court case known as Planned Parenthood v. Casey. Though the justices reaffirmed a woman's right to an abortion under Roe, they also gave states more leeway in regulating them in all three trimesters.
The court ruled that in order for a plaintiff to succeed in a constitutional challenge, the law they are protesting must be shown to have the purpose or effect of imposing an "undue burden," which is defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability." That meant states could pass regulations that impacted the ability to have the procedure even in the first trimester under the guise of safeguarding a women's health. Under this new test, many abortion restrictions have been upheld."
More SCOTUS "tinkering" coming. Look at some cases with a potential to be overturned.
"What other Supreme Court Rulings were based on the 14th Amendment?
Griswold v. Connecticut, which said that a right to privacy exists that bars states from interfering in married couples’ right to buy and use contraceptives.
Lawrence v. Texas, which struck down sodomy laws criminalizing same-sex intimacy.
Obergefell v. Hodges, which legalized gay marriage.
Loving v. Virginia, which legalized interracial marriage."
