One of the WORST arguments for Overturning Roe v. Wade is "it is not in the Constitution!" Please read the 9th amendment & hear are some other cases that established rights. A lot of our "constitutional rights" are not in the constitution. Here is a short list.
@NatetheLawyer Yes, it does say that because a right isnt listed isnt to assume the right doesn't exist. That doesn't give federal judges the power to effectively amend the constitution with their rulings which is what Roe v Wade did. We arent a dictatorship of 9 people in robes.
@NatetheLawyer I’d be interested in reading the language on Skinner v Oklahoma. It also preceded Roe as well. Also, doesn’t Oklahoma have the most restrictive abortion rules at this point?
@NatetheLawyer I could T agree more. Why don’t more people reference the 9th, which personally is where I think the Bill of Right should end 1-9 (10th isn’t really about the people it’s about the states)
@NatetheLawyer Don’t the rest of those right have a historical common law source, where as abortion does not. Where does that exist for abortion? The correct solution is not a SC creation of a right but either state legislation or an amendment to the constitution.
@NatetheLawyer My problem with the entire abortion thing on both sides is nobody can say when it becomes a life, it’s somewhere between the act of consummation and Birth but nobody has made an effort to scientifically define that moment
@NatetheLawyer WADR that’s a weak argument Nate. Indeed, Alito's OP in Dobbs v. Jackson is "the Constitution makes no mention of abortion." using the unenumerated rights card; but these rights are = to the same esteem as the tiny No. of rights that the Constitution precisely lists….
@NatetheLawyer The 9th amendment, by definition not an enumerated right, should probably imo, be determined by each State as explicitly stated by the 10th amendment.
@NatetheLawyer Exactly. Our SCOTUS trying to act as a legislative body is wrong and always has been! If you take a textual interpretation there are countless SCOTUS rulings that are BS because they should have never fallen under constitutional preview. They should have been voted on