C_Clayton_Jones
Diamond Member
Or maybe they are priming themselves to get ready for a time when Roe V. Wade can be overturned, and the issue gets sent back to the legislatures, both state and Federal.
Planned Parenthood v. Casey is the current case law, not Roe v. Wade, and the cases addressed privacy rights, abortion being peripheral. The issue cant be returned to the legislatures, as that would be a violation of 14th Amendment equal protection doctrine.
Roe V. Wade is based on implied rights, not specific ones. Given a struturalist enough court it can be overturned.
Griswold/Roe/Casey is predicated on substantive due process as guaranteed by the 14th Amendment:
The right to privacy is neither 'implied' nor 'made-up.'"Substantive Due Process" is the fundamental constitutional legal theory upon which the Griswold/Roe/Casey privacy right is based. The doctrine of Substantive Due Process holds that the Due Process Clause not only requires "due process," that is, basic procedural rights, but that it also protects basic substantive rights. "Substantive" rights are those general rights that reserve to the individual the power to possess or to do certain things, despite the governments desire to the contrary.
DUE PROCESS -