@vyr secretly poorly hashing my data so I'm put in the same bucket as a bunch of other girls
re: abortion case, alito summary
This amounts to a judicial coup of the democratic process. Would the court, for example, uphold a federal law that granted a individual right to abortion, and provided funding for abortion via medicare and medicaid? Hard to say, and the logic of the decision would easily allow the court to overturn such a law. The Deeply Rooted standard gives the court a powerful tool to overturn any right that has been granted post-1865.
Alito is insistent that his opinion does not effect or overturn any other right, specifically those relating to due process and privacy, but he has established the exact logic that would be used to do just that.
re: abortion case, alito summary
A big part of Alito's argument is based on the idea that any implicit right that might be found in the constitution must be "deeply rooted" in Anglo-US history. This is probably the most reactionary aspect of the decision and lays a potential standard of how the 6 vote majority will move forward.
By definition, any "new" right is not allowed by this decision, only rights that have been historically established. How do these rights get historically established? By being allowed to stand for long periods of time. But if a new right is established, these reasoning would allow the court to overturn such a right, precluding any chance of that right becoming deeply rooted.
In other words, only the court would have the power to decide at what arbitrary point a right becomes "deeply rooted."
i don't want to hear any more fucking gamesmanship about how caring about trans people or blm or abortion or minimum wages or what have you is "divisive " if you are peeled off of a movement by having to care about human dignity then you weren't in it to begin with
the problem with this country is that we have forgotten that politicians respond best to Terrorism
guns, uspol, rant
Armed queers bash back. I wish that didn’t have to be the case. I wish guns didn’t exist. I want the mass shootings to stop. But we have to deal the hand we’re given and this is where we are now. Debate how dystopian that is all you want, but I’m not giving up my own weapons when on-the-ballot conservatives are calling for me and all other LGBTQ+ and anybody who supports us to be executed. And demanding I do anyway is irresponsible at best.
white bisexual trans woman, communist, programmer, trying to be a good person but i am just a cat
sometimes posts lewd stuff (always tagged of course), but no porn
i'm not picky about who follows me, but blank accounts will be denied.