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Originalism Is Dead. Long Live Catholic Natural Law (newrepublic.com)
2 points by Deepcloser on March 27, 2021 | hide | past | favorite | 3 comments



This bodes extremely badly for women's reproductive autonomy.


> women's reproductive autonomy

...which is currently a constitutional right in the United States, not just a philosophical right.

I think that if/when Republicans are able to insert the government into doctor-patient relationships, into operating rooms, and literally into wombs, it will be the first time the US has gone backwards on a constitutional right.

This is what happens when you give democracy to land instead of people, I guess.


Like all constitutional rights, it's a right only because 5 Supreme Court justices say it is. The Constitution is infinitely malleable by the people whose job is to "interpret" it.

It is, somehow, even more anti-democratic than the thumb on the scale given to large but poorly-populated states. There is no appeal from it, and any temporary advantage in the other two branches approves decades-long appointments to the third. The Supreme Court now has a 2:1 majority control by one political party, and will do so for the rest of my life.




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