Hacker News new | ask | show | jobs
by CWuestefeld 1390 days ago
recent US Supreme Court rulings have shown the implications of that as e.g. Roe v Wade and other decisions that used to cement various civil justice issues ranging from interracial marriage and the abolishment of anti-sodomy laws to legalizing abortion were apparently literally based on the "right to privacy", which the Supreme Court ruled doesn't exist.

The SCOTUS decision in Loving (the anti-miscegenation laws, i.e., interracial marriage)[1] doesn't rest on right to privacy. This decision is built (approximately) on the equal protection clause. As such, the reversal or Roe doesn't put Loving on shaky ground at all. A good thing for me, since my wife and I are of different races.

[1] https://en.wikipedia.org/wiki/Loving_v._Virginia

1 comments

Also Roe's reversal found that privacy implied in the 14th amendment doesn't imply a 3 trimester schedule of first, abortions legal, second states choice and third, illegal. That's it.

The right to privacy wasn't established by Roe so overturning Roe doesn't have any effect on it.

There is no "the right to privacy". "Privacy" I'm various particular aappears areas appears in various court rulings, taken as implied via "penumbra."

https://www.justia.com/constitutional-law/docs/privacy-right...

That was my point. Roe didn't establish a right to privacy but it was justified with a right to privacy. Roe was overturned because the SCOTUS now argues that there is no constitutionally guaranteed right to privacy so Roe was invalid.
>SCOTUS now argues that there is no constitutionally guaranteed right to privacy

That's not correct. They found that the right to privacy didn't cover abortion in the exact, specific and detailed manner that Roe set precedent for (see my previous comment about the specific rules for each trimester).

14th amendment "liberty" covers privacy covers abortion, only the abortion precedent was overturned privacy was not. Thomas took aim at privacy in his opinion but that's not supported by the rest of the court.