Wednesday, May 4, 2022

Alito is nothing if not consistant in his reading of the 14th Amendment

 I was reading through Alito's dissent on the gay marriage case "Obergefell v. Hodges".

He has basically made the same point in that decision as he made in overturning Roe Vs Wade...that gay marriage is not a right that is "deeply rooted in the nations history and tradition" and hence not applicable to the 14th Amendment.

It is clear that Alito does not believe the Supreme Court should be creating new rights and enforcing them. He believes that  the proper place for these rights to be created is in legislation via the peoples elected representatives.

I would agree. Justice Roberts in his dissent of "Obergefell v Hodges" said the very same thing

"Understand well what this dissent is about: It is not about whether, in my judgment, the institution of marriage should be changed to include same-sex couples. It is instead about whether, in our democratic republic, that decision should rest with the people acting through their elected representatives, or with five lawyers who happen to hold commissions authorizing them to resolve legal disputes according to law. The Constitution leaves no doubt about the answer. "


Abortion is a contested concept. It isn't a natural right that the framers of the constitution expected the 14th amendment to protect nationally. Hence Roe Vs Wade was a mistake. The judges decided to hold a position instead of upholding the law.

It is way overdue that it was overturned and the restrictions, if any, of abortion delt with via legislation.



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