is in fact overruled, it is likely that we will see a flood of litigation challenging other cases involving unenumerated rights., since it is most closely tied to the reproductive rights context that the current Court seems invested in. But who knows where this ends?
Does this mean that if a right wasn’t set in stone in 1868 when the Fourteenth Amendment was ratified, it can never be granted? It’s unclear. We’re in uncharted waters here. But, toCourt: “Had those who drew and ratified … the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight.
In other words, liberty — the key inquiry when defining “fundamental” rights — is an evolving idea, not one forever frozen in time. The founders knew this and built space into the Constitution to accommodate such necessary evolution. To dismiss changing social values when interpreting the Constitution is to ignore the nuance and prescience of the text and to willfully harm everyone whose rights were not protected in 1868.
So how do you fight a crooked system? If they take the case Gay Marriage is gone but it’s not possible to stop them from taking it. If you don’t participate in arguments you’re surrendering but if you do you’re giving the system validity.
econhardship “We emphasize that our decision concerns the constitutional right to abortion and no other right… Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.”
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