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by capguy255 1509 days ago
This is the same court that is very likely to find a "human right" to conceal a firearm, despite that premise being contrary to international norms and also contrary to legal historical in America.

In short, America is soon going to switch from a system where a pregnant woman has a human right to self-preservation and instead in many states the life of the unborn child will be privileged over the pregnant woman which is rather far outside international norms.

2 comments

The Supreme Court was never intended to find human rights. They interpret federal law, including the Constitution. International norms are entirely irrelevant.

Women should be able to control their own bodies, so let's change state laws to make that clear in a way that doesn't depend on judicial interpretation. This shouldn't even be a federal issue to begin with.

Roe v. Wade was an interpretation of the Constitution. You might not think it's the correct interpretation, but the decision itself is, in fact, an interpretation of the Constitution rather than a piece of legislation grounded only in itself.

Alito's opinion deciding that there isn't a right, or distinguishing one case from another, is as much a way of "legislating" as Roe was.

And frankly, due to the high likelihood of conflicts in law, this SHOULD be a federal issue. Should states be able to decide who is, and who is not, a human being? Under the Constitution, full faith and credit must be given to the rights afforded by those in other states. If state A says that an unborn child is a person and state B says that they're not, and a pregnant woman travels from state A to B, which state law controls?

The purpose of a judiciary is often to interpret laws that are complicated, often ambiguous, and sometimes in conflict. When people say that judges should just "interpret law" and not "make law," or that these issues should be determined by states... well, the issue will eventually come back to the federal level.

The new ruling will be against Roe v Wade, and that decision itself is, in fact, an interpretation of the Constitution.
This is the most underrated comment here.

Courts are not supposed to legislate from the bench. Roe v Wade was clearly inappropriate ruling from day one. It undermined the integrity of the supreme court.

Abortion should be ingrained as legal via state/federal law.

FWIW, I'm far more interested in the gun rights case than this one, and I don't think anyone seriously believes we'll get nationwide concealed carry out of it. The best reasonable case from my perspective is that we'll get "strict scrutiny" applied against the Second Amendment which will in turn invalidate a number of "may-issue" permit systems and perhaps some "category" bans.

I can't imagine a ruling stronger than saying "a state must provide a means for citizens to legally carry a firearm outside their home". Even in that case, there are all kinds of legal impediments that blue states would use to make it as difficult as possible.

> In short, America is soon going to switch from a system where a pregnant woman has a human right to self-preservation and instead in many states the life of the unborn child will be privileged over the pregnant woman which is rather far outside international norms.

I'm not aware of any other major country where abortion third-trimester abortions are legal, as is the case in the US today. Most countries set the gestational limit at ~12 weeks.