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Really not so simple. Roe v Wade was decided based on the implied right to privacy. Sure its been overturned but if liberals get back on the court it will be un-overturned


Roe v Wade refers to the constitutional right to privacy under the Due Process Clause of the 14th Amendment. This is part of individual rights against the state and has nothing to do with private companies. There is no general constitutional right that guarantees privacy in interactions with private companies.


Given the current balance of the court, I'd say it's about even odds we end the entire century without ever having had a liberal court the entire time. Best reasonable case we're a solid couple of decades from it, and even that's not got great odds.

We'd have a better chance if anyone with power were talking about court reform to make the Supreme Court justices e.g. drawn by lot for each session from the district courts, but approximately nobody is. It'd be damn good and long overdue reform, but oh well.

And the thing is, we've already had a fairly conservative court for decades. I'm pretty likely to die, even if of old age, never having seen an actually-liberal court in the US my entire life. Like, WTF. Frankly, no wonder so much of our situation is fucked up, backwards, and authoritarianism-friendly. And (sigh) any serious attempts to fix that are basically on hold for many decades more, assuming rule of law survives that long anyway.

[EDIT] My point, in short, is that "we still have [thing], we just have to wait for a liberal court that'll support it" is functionally indistinguishable from not having [thing].


A liberal court will probably start drawing exceptions to 1A out of thin air like "misinformation" and "hate speech." I'd rather stick with what we have.


That’s presumably why legislation is needed?




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