Page 13 - Substantive Due Process News Today

This case, it is all about this idea that the word abortion does not appear anywhere in the constitution. and the idea of substantive due process, some rights are so basic, that they are protected in the constitution even though they are not particularly spelled out. if were gonna go down that road, that is the foundation for abortion rights. it is also the foundation for all of those other rights. and so, if that foundation is gone, than the whole house of cards comes down. and so, i think he i...

The polls. of course its smart for them te to harness this politically, butm theyre saying things like contraception and same marriage are now going to be a threat and theyre pointing to a line in a concurrence from . stice thomas but what he said if you go and read that is he says there is nothing in this opinion today, this abortion opinion that has anything to do with those rights. ill not him. mpact dth t it should not. but he doese go on to sayts that he thinks the court should engage in a ...

How can biden say that ? well, biden is as usual, about 50 years behind the curve. and sori the privacy rights that he talked about in roe v. wade isntth even the current law. so as this opinion points out, roe based its reasoning on this privacy right under the first, fourth, fifth, 9th and 14th amendment. nt but the most recent law, casey, which refined this case really relies on only one aspect of the constitution which is substantive due process under the 14th amendment. okay. and so what th...

The right that roe and casey recognized does not stand-alone. what do you think about those fears? >> we are in a tricky position. we can either take justices alito and kavanaugh at their word when they say, oh, this stops at roe and theres a principle to difference between roe and obergefell, which protect same-sex marriage, and lawrence, which protects indictment conduct. and -- versus virginia, which protects interracial marriage, and griswold, which protects contraception. and we can take th...

The new personnel at the court. >> can you be the first to weigh in on todays survey question? katherine, can we put up on the screen so i can show joan where im headed. because i want to know -- no, no, no. youll like this. i want to know from my audience today whether this is a one-off or just the beginning. and you know what im referring to. you have justice alito saying that this logic only extends to abortion. but youve got clarence thomas in his concurrence saying, hey, maybe we need to ta...

Did say in his concurring opinion that the jurisprudence that underlies these other cases under substantive due process is also deeply flawed.ly and you can believe thosen things. you can believe that peoplebe should haveh a right to contraception. you can believe that people should have the right to and you can believe that predicating those rights on a flawed 14th amendment analysis is garbage jurisprudence. and so thats where it needs to go now. itte needs to go back to the states. and tucker...

How can biden say that? >> biden as usual is 50 years behind the curve, the privacy right he talked about in roe v. wade isnt even the current law, so as this opinion points out, roe based its reasoning about the privacy right of the fifth, fourth, and ninth amendment. the most recent law which refined this case really relies on only one aspect of the constitution which is substantive due process under the 14th amendment. so what they tried to do and that casey decision is wrap abortion into tha...

She knew that one could not be free and equal so the sun with equal citizenship stature on th town square in american society if one did not have the basic fundamental right to make decisions about ones own body and ones own destiny for oneself without government intrusion. and that is an absolute right and that is something that is protected in the 14th amendment and has been reaffirmed over and over again for decades and the supreme court got it i agree justly wrong when they fret the constitu...

System was followed and won the electoral college but not the popular vote those justices are illegitimate. will: how was tv characterizing it? msnbc, as roe falls, jailing people for same sex intercourse. that the question where this goes, the conversation about whether or not substantive due process questions will lead to questions over the right to gay marriage or contraception. will: thomas making a constitutional argument though the majority saying this applies only to roe in this. supreme ...

Revoke a womans gusty shall write an abortion. after nearly 50, years five conservative justices are allowing states to decide the fate of abortion and it could be, quote, without any exceptions. for when the woman is the rape or incest. in fact, abortion will soon be banned in 13 states do to trigger laws. now it is important to know that the supreme court went against public opinion on this. in the latest nbc news poll, 63% of americans did not believe roe v. wade should be overturned. however...