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by dragonwriter 1740 days ago
> Bodily autonomy? Is that a thing in the law?

By name, no. It’s a popular term which I think maps pretty well to a large and significant subset of “privacy” law under the Supreme Court’s 5th (as applies to the federal government) and 14th (as applies to the States) Amendment “due process” jurisprudence.

> What's the justification for the drugs laws then?

Arguably, none. The only case which has reached the Supreme Court in which I ama aware of the relevant Constitutional argument was kind-of considered against the Controlled Substances Act used it as an argument in the lower courts for Constitutional avoidance (a doctrine under which the courts read ambiguity in laws to favor an interpretation which does not violate the Constitution), and the Court refused to apply it because the law was not ambiguously crafted so as to permit the reading preferred, even if it was Cobstitutionally necessary; because invalidity of the law itself was not argued at the lower court, the Supreme Court declined to consider it for the first time on appeal. United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483 (2001).