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by MacsHeadroom 1197 days ago
Technically it was illegal the whole time in many places and the supreme court only last year recognized that they never had the power to prevent states from enforcing their own laws on the matter.

In states where it was illegal it may not even be ex-post-facto for them to prosecute for events that took place prior to last year's supreme court ruling.

Anyway, the real takeaway should be that businesses should not be collecting this kind of data in the first place. If they don't collect it, then they have nothing to turn over.
1 comments
lapcat 1197 days ago
> Technically it was illegal the whole time in many places and the supreme court only last year recognized that they never had the power to prevent states from enforcing their own laws on the matter.

I don't agree with this "technical" interpretation at all. Nobody would have said in 2020 that technically abortion is illegal in many places. Just because the Supreme Court changed its mind doesn't wipe everyone else's minds.

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MacsHeadroom 1197 days ago
It doesn't matter what you agree with. Plenty of legal scholars said exactly that, so you're wrong.

Roe ruled that certain state laws criminalizing abortion could not be enforced. But Roe's ruling was found to be unconstitutional and invalid. It was invalid the day Roe was ruled, not the day it was overruled.

Those same states laws criminalizing abortion, which were on the books before Roe and are still on the books, were always legal and enforceable because Roe never was. That is what the court determined last year.

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lapcat 1197 days ago
> Plenty of legal scholars said exactly that, so you're wrong.

LOL. What exactly, numerically, does "Plenty" mean, and how does it compare to "all"? Of course, both the majority and minority of the Supreme Court in the Dobbs opinion are legal scholars, but they disagreed vehemently with each other.

Your response sounds very Orwellian to me. Oceania had always been at war with Eastasia.

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yencabulator 1191 days ago
And then when the supreme court changes their mind again, it will always have been like that too...

We have always been at war with Oceania.

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