Anti-abortion zealots... including Alito... point out that nowhere in the Constitution ...

... is the right to an abortion mentioned.

That's true.

What they don't deal with is this fact:
Nowhere in the Constitution is it written that zygotes, embryos, and fetuses are human beings with the rights of citizens.
The Constitution - as it was written in 1787 - omitted any rights for women, and counted black people as 3/5ths of a human being.
Alito's leaked opinion shows how dogma can overrule a lot of legal education... and sound reasoning, too.

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7 replies	Author	Time	Post
Anti-abortion zealots... including Alito... point out that nowhere in the Constitution ... (Original post)	albacore	May 11	OP
No respectable law review would publish	no_hypocrisy	May 11	#1
9th amendment takes care of omitted rights.	Karadeniz	May 11	#2
I understand that Alito did not mention the Ninth Amendment at all	gratuitous	May 11	#3
When arguing the Constitution on social media:	keithbvadu2	May 11	#4
the 9th amendment was written specifically to prevent rulings like this being used	Takket	May 11	#5
maybe only MUSKETS ARE allowed by this reasoning as well.	pansypoo53219	May 12	#6
single bullet magazines only	Captain Zero	May 12	#7

Response to albacore (Original post)

Wed May 11, 2022, 06:40 PM

no_hypocrisy (40,326 posts)

1. No respectable law review would publish

Alito’s treatise on abortion.

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Response to albacore (Original post)

Wed May 11, 2022, 06:45 PM

Karadeniz (16,455 posts)

2. 9th amendment takes care of omitted rights.

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Response to albacore (Original post)

Wed May 11, 2022, 06:56 PM

gratuitous (77,821 posts)

3. I understand that Alito did not mention the Ninth Amendment at all

Ninth Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." That's an oversight one could drive a truck through. Just because the Constitution does not contain an exhaustive, comprehensive enumeration of every right for every person does not mean that the people don't have a right not mentioned. You know, like a right to privacy, or a right to bodily autonomy.

When the time comes to reverse this horrible decision, Alito's failure to explain why a woman's right to comprehensive health care, including abortion services, isn't covered by the Ninth Amendment should feature prominently.

Until then, women will suffer and die wholly avoidable deaths.

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Response to albacore (Original post)

Wed May 11, 2022, 08:07 PM

keithbvadu2 (26,867 posts)

4. When arguing the Constitution on social media:

When arguing the Constitution on social media:

1. Whatever is not specifically allowed must be forbidden. IF this logic supports your premise.

2. Whatever is not specifically forbidden must be allowed. IF this logic supports your premise.

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Response to albacore (Original post)

Wed May 11, 2022, 08:19 PM

Takket (16,784 posts)