Page 14 - Substantive Due Process News Today

Therefore he says roe v. wade funds that test. now you mention justice thomass concurrence, he says i agree with that. and by that same logic, he says, i think we need to examine all of our other presidents that have undergone that similar analysis about substantive due process. contraceptions, intimate sexual relations, same sex marriage, deciding where your children are going to school, refusing medical treatment. he says he thinks the court needs to go back to all, and re-examine all the sudd...

0 for example, you can buy one of my jeans, a dream bed sheets and get a second set absolutely free or my six cents buy one set, get another one absolutely free or you can get my classic premium mypillow and get another one absolutely free . so call the number on your screen or go to mypillow .com. use your promo code to get my buy one , get one free offers and get deep discounts on all mypillow products. >> good evening and welcome to tucker carlson . 50 years,ter nearly the single shoddiest mo...

They won yesterday, at least thats how justice thomas raised his opinion in the guns case. you know, again, it depends how cynical you are about how the supreme court works. some justices want to reach one result or reach another result and find a justification. originalism and a living constitution is what this debate oaf abortion and the supreme court is about. >> joan, justice aletto writes we hold that roe and casey must be over turned. the constitution makes no reference to abortion. thats ...

Contraception has come under attack, access to it, sex education in schools. the united states also leads all other similar countries in terms of teen pregnancies and teens contracting sexually transmittable diseases because weve gutted sex education, and its been replaced in some of these very states with abstinence only teaching which just simply does not work. and we heard through the confirmation hearings other things that should really concern us, such as concerns about substance of due pro...

Issues, the issue of same-sex marriage and whether he thinks that should be rel-looked at. >> whether its abortion or the right to marry same-sex partner or separate but equal or even things like the dred scott decision, all of these involved the use of this substantive due process doctrine as a way to cover up and hide the fact that it was judges making the law and not the policy mmakers who run r office. >> thats pretty clear. republicans are preparing for an area in which those things will be...

Are talking about not just one reproductive right, such as thinking about abortion, contraception has come under attack, access to it, sex education in schools. the united states also leads all other similar countries in terms of teen pregnancies and teens contracting suck shull transmittable diseases because weve gutted sex education, and its been replaced in some of these very states with abstinence only teaching which just simply does not work. and we heard through the confirmation hearings o...

It substantive due process just another way for judges to hide their policy making under the guise of interpreting the constitution? >> well, senator, the justices have interpreted the due process clause of the 14th amendment to include a substantive revision that the rights to due process, they have interpreted that to mean not just procedural rights, relative to government action, but also the protection of certain personal rights related to intimacy and aughtonamy. they include things like th...

Over ruled 30 something years later. but its been applied in a number of different circumstances. for example, its been suggested that dread scott, which treated slaves as chattal property, was a product of substantive due process, just as hugo black has criticized the doctrine of substantive due process as the arbitrary feought of the man or men in power or the court to d clairing a law invalid because it shocked the consciences of at least five members of the court. he went on to say this use ...

Interracial marriage, the right to an abortion, the contraception. >> trading as chattel property? >> i dont quite remember the basis for the dred scott opinion, but i will trust you -- >> the fact is that you could use substantive due process to justify basically any result. whether it is conservative, liberal, libertarian, what ever you like to call. its just a mode of analysis by the court to allow the court substitute its opinion for the elected representatives of the people. would you agree...

And so this is not something that is unfamiliar and i am very gratified by the support of the group that you mentioned and other law enforcement groups as i go through this process. >> i joined this committee in january of 1993. and a few months later we considered the nomination of ruth bader ginsberg to the supreme court. her confirmation made her only the second woman to ever serve on the supreme court after justice sandra day oconnor. so we have come a very long way since then. though still ...