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this post was submitted on 09 Dec 2023
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It was on the books! It was already decided at the Scotus level.
Stare decisis should have applied and Scotus shouldn't have even heard the case under precedent.
The idea that a constitutional amendment needs to be made for something to be "on the books" is absurd.
What happened here is Scotus broke their own rules. They ignored the 9th and the 14th and violated their own principles.
This court is corrupt. Several justices should be impeached and removed.
Roe was settled case law. Pretending it wasn't is a joke.
I wish it was far more common knowledge that SCOTUS doesn't just ignore the 9th amendment, they flagrantly violate it. The amendment says they a right does not need to be explicitly mentioned to be protected -- which makes a lot of sense when you think back on American history, because opponents of the Constitution felt that only our enumerated rights were protected and no other freedoms. Hence, why the 9th was made.
The actual text goes further and says that the explicit enumeration of rights in the Constitution should not be used to disparage or forbid our other rights. This is exactly what SCOTUS disobeys, because the "a right must be guaranteed by an amendment" philosophy they've adopted for abortion flies in the face of that.