Stare Decisis is a Latin phrase, commonly used in law that roughly translates to:
Let wrong decisions of the Warren Court stand
Regardless of your personal opinion in the pro-life vs pro-choice debate, Roe v Wade was a terrible opinion bereft of even a modicum of legal merit. Moreover a substantive due process right to privacy is an absurd, fictitious legal doctrine invented out of thin air by the Warren Court a century after the 14th amendment was ratified.
The only people who could disagree with that statement are people who have never read the actual case brief for Roe v Wade and never bothered to so much as read the 14th amendment, much less earnestly try to give it a good faith interpretation.
Full Case Brief - Roe v. Wade, 410 U.S. 113 (1973)
Clarence Thomas was right to say as much in his concurrence in Dobbs. This is a position I, and much more importantly, Justice Thomas, have held for many years.
A careful reading of Thomas’ opinion is, in many respects, less detrimental to the protection of unenumerated rights, secured by substantive due process than either Justice Alito’s majority opinion and Justice Kavanaugh’s concurring opinion.
This is because he is the only one who suggests how the 14th amendment could be used in its original public meaning to secure many of the unenumerated rights that have been created with the imaginary theory of substantive due process , through the original public meaning of the 14th amendment’s Privileges Or Immunities Clause
AMENDMENT XIV, SECTION 1
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States....
In this episode we briefly discuss why Thomas is right and how we are seeing a new low from people who believe mere disagreement makes their violence, threats of violence, racism and bigotry acceptable responses
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Tags: supreme court, dobbs, abortion, scotus, clarence, thomas, justice thomas, associate justice, substantive due process
really liked the nice, well articulated intro to this episode.