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Tumbulu

(6,630 posts)
9. Indeed! Since we are back in 1868
Sun Jun 26, 2022, 10:37 PM
Jun 2022

Here is from the beautiful rebuttal :

From dissent: Casey itself understood this point, as will become clear. See infra, at 23–24. It recollected with dismay a decision this Court issued just five years after the Fourteenth Amendment’s ratification, approving a State’s decision to deny a law license to a woman and suggesting as well that a woman had no legal status apart from her husband. See 505 U. S., at 896–897 (majority opinion) (citing Bradwell v. State, 16 Wall. 130 (1873)). “There was a time,” Casey explained, when the Constitution did not protect “men and women alike.” 505 U. S., at 896. But times had changed. A woman’s place in society had changed, and constitutional law had changed along with it. The relegation of women to inferior status in either the public sphere or the family was “no longer consistent with our understanding” of the Constitution. Id., at 897. Now, “[t]he Constitution protects all individuals, male or female,” from “the abuse of governmental power” or “unjustified state interference.” Id., at 896, 898.
So how is it that, as Casey said, our Constitution, read now, grants rights to women, though it did not in 1868? How is it that our Constitution subjects discrimination against them to heightened judicial scrutiny? How is it that our Constitution, through the Fourteenth Amendment’s liberty clause, guarantees access to contraception (also not legally protected in 1868) so that women can decide for themselves whether and when to bear a child? How is it that until today, that same constitutional clause protected a woman’s right, in the event contraception failed, to end a pregnancy in its earlier stages?
The answer is that this Court has rejected the majority’s pinched view of how to read our Constitution. “The Founders,” we recently wrote, “knew they were writing a document designed to apply to ever-changing circumstances over centuries.” NLRB v. Noel Canning, 573 U. S. 513, 533–534 (2014). Or in the words of the great Chief Justice John Marshall, our Constitution is “intended to endure for ages to come,” and must adapt itself to a future “seen dimly,” if at all. McCulloch v. Maryland, 4 Wheat. 316, 415 (1819). That is indeed why our Constitution is written as it is. The Framers (both in 1788 and 1868) understood that the world changes. So they did not define rights by reference to the specific practices existing at the time. Instead, the Framers defined rights in general terms, to permit future evolution in their scope and meaning. And over the course of our history, this Court has taken up the Framers’ invitation. It has kept true to the Framers’ principles by applying them in new ways, responsive to new societal un- derstandings and conditions.
Nowhere has that approach been more prevalent than

Consider first, then, the line of this Court’s cases protecting “bodily integrity.” Casey, 505 U. S., at 849. “No right,” in this Court’s time-honored view, “is held more sacred, or is more carefully guarded,” than “the right of every individual to the possession and control of his own person.” Union Pacific R. Co. v. Botsford, 141 U. S. 250, 251 (1891); see Cruzan v. Director, Mo. Dept. of Health, 497 U. S. 261, 269 (1990) (Every adult “has a right to determine what shall be done with his own body”). Or to put it more simply: Everyone, including women, owns their own bodies. So the Court has restricted the power of government to interfere with a person’s medical decisions or compel her to undergo medical procedures or treatments. See, e.g., Winston v. Lee, 470 U. S. 753, 766–767 (1985) (forced surgery); Rochin v. Cali- fornia, 342 U. S. 165, 166, 173–174 (1952) (forced stomach pumping); Washington v. Harper, 494 U. S. 210, 229, 236 (1990) (forced administration of antipsychotic drugs).

As a matter of constitutional substance, the majority’s opinion has all the flaws its method would suggest. Because laws in 1868 deprived women of any control over their bodies, the majority approves States doing so today. Because those laws prevented women from charting the course of their own lives, the majority says States can do the same again. Because in 1868, the government could tell a pregnant woman—even in the first days of her pregnancy—that she could do nothing but bear a child, it can once more impose that command. Today’s decision strips women of agency over what even the majority agrees is a contested and contestable moral issue. It forces her to carry out the State’s will, whatever the circumstances and whatever the harm it will wreak on her and her family. In the Fourteenth Amendment’s terms, it takes away her liberty. Even before we get to stare decisis, we dissent.

Recommendations

0 members have recommended this reply (displayed in chronological order):

'Thanks,' bookmarked so I may actually read the piece of junk. elleng Jun 2022 #1
It is hard hard hard to read Tumbulu Jun 2022 #3
That's what I'm kind of afraid of, being outraged beyond consolation. elleng Jun 2022 #8
I hate every one of them and it is distracting me from my work Tumbulu Jun 2022 #11
I'm retired and have plenty of time, but I'm a lawyer, elleng Jun 2022 #14
Oh I loved the law, dreamed of going to law school after taking a constitutional law class Tumbulu Jun 2022 #15
WONDERFUL work you do! elleng Jun 2022 #16
Thank you elleng, that means a lot Tumbulu Jun 2022 #17
One expects justices of the highest court in the land... brush Jun 2022 #26
They don't want women to have self-determination. To have control over our own lives. Solly Mack Jun 2022 #2
And they think that our control of our bodies is up there Tumbulu Jun 2022 #4
Yes, I can. That's how they think. Solly Mack Jun 2022 #5
Yes, clearly it is. Tumbulu Jun 2022 #6
Agreed, so I don't know why Ofsamuel's vote counts! HariSeldon Jun 2022 #7
Indeed! Since we are back in 1868 Tumbulu Jun 2022 #9
OffHerRocker, I believe. Solly Mack Jun 2022 #27
What a tortured soul Alito must be to hate women so visceraly. Haggis 4 Breakfast Jun 2022 #10
Yes, and he is so brain bound! You cannot believe how badly this decision is written Tumbulu Jun 2022 #12
they don't care how idiotic they sound Skittles Jun 2022 #18
Tragically true Tumbulu Jun 2022 #23
TY. n/t EndlessWire Jun 2022 #13
Alito's misogyny is at a level of psychopathy. madaboutharry Jun 2022 #19
I agree wholeheartedly with your assessment Tumbulu Jun 2022 #20
What is the significance of Alitos' citation to the Compassion in Dying v. Washington case? Backseat Driver Jun 2022 #21
It seems to be in the first section where Tumbulu Jun 2022 #22
Kick Rec Bookmark. Thanks so much Hekate Jun 2022 #24
You are welcome, I wonder why nobody in the news media is Tumbulu Jun 2022 #25
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