Marjo schreef:Slavernij is nog steeds toegestaan in de wetgeving en ik mag hopen dat ik je niet hoef uit te leggen hoe racisme nog steeds aan de orde van de dag is daar?
Nee, dat hoef je niet uit te leggen want we hadden het over het weer toestaan van racisme. Heel specifiek vroeg ik of er voorstellen gedaan zijn dat weer toe te staan, of daar animo voor is en of dat wettelijk zomaar zou kunnen. Daar zou ik dan weer wel graag uitleg over willen.
De reden dat ik het vraag is omdat het Hooggerechtshof zelf redelijk duidelijk was, zoals Jonathan Turley al aangegeven heeft:
Citaat:
In the Dobbs decision, the court’s majority expressly, repeatedly rejects the application of this holding to these other rights. Indeed, it is relatively rare to see the court go to this extent to proactively close off the use of a new case in future cases. The court said that “intimate sexual relations, contraception, and marriage” are not impacted by its holding because “abortion is fundamentally different, as both Roe and Casey acknowledged.” It noted that abortion is unique in dealing with “what those decisions called ‘fetal life’ and what the law now before us describes as an ‘unborn human being.’”
The court repeatedly stressed that those claiming the country will be put into a legal Wayback Machine are simply using the opinion “to stoke unfounded fear that our decision will imperil those other rights.” It could not be more clear, as the court said, that “rights regarding contraception and same-sex relationships are inherently different from the right to abortion because the latter (as we have stressed) uniquely involves what Roe and Casey termed ‘potential life.'”
The court and Justice Brett Kavanaugh’s concurrence repeat, almost mantra-like: “Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.” Only Justice Clarence Thomas suggested that these other cases should be examined, yet even he stressed this opinion expressly rejects that application.
(https://jonathanturley.org/2022/06/27/w ... ore-190516)
Met betrekking tot andere beslissingen:
Interracial marriage:
The claim is even less credible legally than it is politically. The leading case on interracial marriage, Loving v. Virginia, was based on different constitutional grounds and would not be negated by this opinion. While the court did discuss the due process right to marriage, it was primarily handed down on equal protection grounds due to the inherent racial classification. Then-Chief Justice Earl Warren wrote: “The clear and central purpose of the Fourteenth Amendment was to eliminate all official state sources of invidious racial discrimination in the States … There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the Equal Protection Clause.”
Contraception:
It is true that some activists have sought to outlaw IUDs and Plan B prescriptions as “abortion-inducing.” However, putting aside that the draft opinion expressly distinguishes the contraception cases, there is no basis for suggesting that the court would eradicate any semblance of personal privacy and intimacy protections under the Constitution. Such sweeping transformation of the private lives of Americans would involve curtailing a host of other rights, including equal protection. Moreover, there would be considerable practical barriers to such bans in preventing interstate availability of contraceptives.
Same-sex marriage:
In 2015, the court voted 5-4 to strike down bans on same-sex marriage. The court’s specific foundation for this right has continued to be mired in controversy. Even some of us who had long supported same-sex marriage raised concerns at the time over the reliance of Justice Anthony Kennedy in his decision on a “right to dignity.”
Once again, however, the court in this draft opinion distinguishes abortion from other areas as involving claims of an “unborn human life.” Nothing in this opinion endorses a ban on same-sex unions.
https://jonathanturley.org/2022/05/16/t ... t-opinion/
Een cynische aflsuiting:
Citaat:
A cynic might wonder if Democratic leaders in Congress truly want to preserve the status quo of Roe. After all, their recent proposed codification of Roe went beyond the draft decision, which the leadership knew would lose critical votes in the Senate — but which may provide what they hope will be a powerful rallying cry for the midterm elections.