Page 19 - Substantive Due Process News Today

>> in the old days we used to say it was a right to privacy that the court found substantive due process, what are we relying on now? >> when it comes to decisions related to family, marriage, and childbearing, the court has done the analysis and that makes sense because otherwise the constitution would reinforce the historical discrimination against women. >> laura: historical discrimination against women? in other words carrying a child as a punishment and a totally diminishes i guess any woma...

Possibility. you know, justice roberts i think although hes no longer kind of representative of the center of the court, i think is still one to watch. the chief justice mentioned yesterday he was focused on this 15-week ban in mississippi. it seemed to me if you look at the tea leaves that what we can very well see is this incremental approach here, which is upholding the mississippi ban and saying roe versus wade is not overturned but were going to instead of using this viability test were goi...

>> reporter: im told that in that meeting, she asked a lot of questions, but did not tip her hand either way into what way she will decide. senator durbin said this morning they have not heard from the parliamentarian on her answer. they hope it comes before the end of the week. i will say advocates think even if she doesnt agree to this specific proposal, they can amend their proposal and go back to her, hopefully find a place that she is comfortable with, so this process even if she says no mi...

Bill through the house of representatives trying to enshrine roe. thats the way it should work. people through the elected bodies should have a say about things like abortion. theres nothing in the constitution about abortion. they took the liberty phrase in the 14th amendment and created this right called substantive due process that led five, six members of the supreme court to shut down every legislative body when it comes to whether or not unborn should be protected and when. im hoping the c...

Make a family decisions and the right to physical autonomy including the right to end a pre-viability pregnancy. >> so its all of the above. >> thats how the court interpreted the liberty clause for over 100 years in cases going back to meyer, griswald, carey, loving, lawrence. >> all of those come out of lochner so weve dropped part of it. so i understand what you have are saying but what im trying to focus on is if we -- is to lower the level of generality or be a little more specific. in the ...

>> no, were quite comfortable with how it analyzes substantive due process and looks history and -- to discipline the inquiry. >> bergfeld there was no history of same-sex marriage. >> i think the court pointed out look, when we we were facing -- >> im not trying to argue we should overturn those cases but you are dis-- you think that no state is going to think otherwise? that no people in the population arent going to challenge those cases in court? >> your honor, well always have a diversity o...

They mentioned. and they dont want casey, they dont want roe to be the third. now in your opinion you just answered justice barrett all these are not rising to that level. okay. are there any that do rise to the level in your opinion? >> i think -- im not sure i necessarily agree with the watershed characterization your honor. i cant think of another that hits the radar. the problem here is were dealing with a right that doesnt have a basis in constitutional text. again, very much in conflict wi...

0 decisis analysis and i want to give you an opportunity to respond. >> the undue burden test is not at issue. that applies to regulations, not prohibitions. the state has conceded this is a prohibition. thats the title of this law is an act to prohibit abortion after 15 weeks and the only thing that is at issue in this case is the viability line. the viability line has been workable. the lower federal courts have applied it uniformly for 50 years, the fifth circuit had no difficulty striking do...

There is the lead, the official husband placed on leave in connection with the suspected unauthorized disclosure of classified information from the military intelligence agency. according to an official document. katy arrington, chief information security officer for the pentagons acquisition and sustain office was informed last month that her security clearance for access to classified information is being suspended, quote, as a result of a reported unauthorized disclosure of classified informa...

News. top pentagon cyberofficial probed over disclosure concerns. the lede -- the official has been placed on leave with a suspected unauthorized disclosure of classified information from a military intelligence agency according to an official document. katie arrington, chief information security officer for the pentagons acquisition office was notified her security clearance for access to classified information is being suspended, quote, as result of an unauthorized disclosure of classified inf...