So in other words, the Court took a vague concept like "equal protection" and interpreted it so that it applied to things like marriage and school segregation, things that are not directly mentioned in the Constitution. Previous versions of the Court have interpreted the exact same language differently. Seems like this supports my idea that the Court can interpret the text and find rights where they please.oski003 said:sycasey said:calbear80 said:oski003 said:sycasey said:calbear80 said:
So, you agree that there is nothing in the US Constitution or the Federal laws that grants right to abortion. And, therefore, the Supreme Court got it right.
So, you agree that there is nothing in the US Constitution that grants right to marriage. And, therefore, the Supreme Court would be right to overturn those decisions.
Right?
There is no Constitutional right to marry.
Here we go again. Changing the subject again. Let us stay on the subject of abortion.
I'm not changing the subject. I'm trying to apply your logic on abortion to other topics the Supreme Court has ruled on.
You seem to think that if the Constitution does not SPECIFICALLY mention a topic, the Court is correct to not recognize rights related to that topic. So does this apply to gay marriage? Interracial marriage? School segregation? Miranda rights? The Constitution does not specifically mention any of these topics, so do you think these decisions were wrongly reached?
Miranda Rights are pretty consistent with the 5th and 6th amendments. Again, no right to marriage. The rest is equal protection, which is pretty settled. Do you suppose only white or black babies be aborted?
Now, if you want to argue that the Roe decision was wrong or poorly supported, fine. Legal scholars have debated this for some time. I just don't think anyone should rest on simplistic points like: "The Constitution doesn't say you have the right to an abortion, so it's correct to overturn Roe!" That's not how the Supreme Court has ever worked.