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by jessaustin
1490 days ago
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The 9th amendment... This argument proves too much. One might say, for example, that the right to crush annoying smartphones isn't specifically addressed in the constitution or amendments thereof, and thus we must have that right. However, the states do have laws against theft, vandalism, etc. so we don't actually have the right to crush any smartphones that annoy us. The way to preempt those state laws would be with a federal law establishing such a right. I am pro-choice, but such a federal law addressing abortion could have been passed at any point in the decades since (or before?) Roe. My understanding of the leaked ruling is that it would be overruled by such codification. The weakness of the appeal to 9A explains why Roe itself did not rely on that. |
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