Obergefell v. Hodges is a classic case of judicial tyranny, its date will live in infamy

And where is the effort to amend the constitution to allow abortion? Why have not all the crusaders banded together to start that process. I thought, for sure, they would be on it the next day. So far, I have seen nothing (and I am not looking).
What is your point here? That it should be done through the legislative process. ? You know damned well how hard it would be to get an amendment passed? This is just another appeal to ignorance , as well as a red herring fallacy
 
Sure.

Has it ever been challenged? Seems like we had a class of people who, for quite some time, didn't have that right despite the 14th amendment being in effect.


They never established that right. In fact, just the opposite. But they can still shove that penumbra (as Dumbass Douglass called them) of rights "hiding in the shadows" all the same.


And has always been used in conjunction with other amendments. It has NEVER been the sole support for any decision of the court. The amendment simply keeps the amendment process open. That's it. It was never intended for anything else that has been shown or recognized by the court.


Fundamental Liberty is a nice vauge concept that is constantly being battled over. The so-called right to privacy that the 73 court hid behind was essentially deflated when Dobbs was used to send the abortion issue back to the states...where it belonged.


Yeah, that's nice.
Did you attend the Trump University School of Constitutional Law? Did you get your money back?
 
Still waiting for you to come clean and admit that it is not about the constitution. It's about your pathological need to defend bigotry and exclusion at all costs .

Pointing to the fact that Obergefell v. Hodges has fatally flawed faults demanding its reversal, is bigotry in your book?

Your repetitive name-calling and baseless insulting remarks is a good indication you are unable to formulate an intelligent rebuttal.

JWK

Mamdani’s smiley faced Democratic socialism will only work for the rats in charge of handing out the “free” government cheese which Mamdani has promised
 
When SCOTUS overturned Roe, the conservatives on the court shirked their duty to uphold the constitution through judicial review, and took away a right that had been settled law for decades.
Yes, and there we have it.

Fealty to an outcome and not the process.

They didn't shirk anything. They corrected a huge mistake.

What is settled is NEVER SETTLED. When will you idiots learn that.
 
What is your point here? That it should be done through the legislative process. ? You know damned well how hard it would be to get an amendment passed? This is just another appeal to ignorance , as well as a red herring fallacy
Thanks for admitting that you see the court as a shortcut to getting what you want.

That's why it went away.

And everyone knew it could.

That's why all those fatties marched on the SCOTUS every year on the anniversary of Roe.
 
Yes. Just look at the Trump court, which in addition to other atrocities, has given Trump iwide latitude to commit crimes while in office , gutted the votig rights act and striped women of the right to autonomy over their own bodies
Waaaaaaaaaahhhhhhhhhhhhhh..........

But you want them to create or "find" rights?????

What a laugher.
 
Judicial review has everything to do with identifying rights.
Not manufactured laws. Roe was a prime example of just that. If you've ever read the decision (which many legal scholars call a POS, at best), Blackmun straight up says they shouldn't be doing this, but they do it anyway.

Using Douglass' ass stamped pneumbras.

The federal government has certain specfic functions and the constitution calls those out. The general welfare clause allows for the execution of those functions using whatever means necessary. The supremancy clause is limited to those functions as well. The failed expectation being that the Federal Government would stay in it's own lane.

Beyond that, you have a Bill of Rights that protects people against specific excesses by the Federal Government.

An so called "new rights" are simply those things that fill the gaps between what the federal government has power over.

The 10th amendment states that the federal government stay out of state business if it does not concern anything related to the Constitution (as a limiter of federal power).
 
They did not manufacture a law that says gasy must be allowed to marry. They weighed the restrictive laws that had been passed by the states, and determined that the state laws overstepped the bounds of the constitution.
First, this isn't their business.

Second, the decision itself rests on spurious assumptions and out-and-out manufactured bs.

Roberts dissent was spot on:

The majority purports to identify four “principles andtraditions” in this Court’s due process precedents that support a fundamental right for same-sex couples to marry. Ante, at 12. In reality, however, the majority’s approach has no basis in principle or tradition, except for the unprincipled tradition of judicial policymaking that characterized discredited decisions such as Lochner v. New York, 198 U. S. 45. Stripped of its shiny rhetorical gloss, the majority’s argument is that the Due Process Clause gives same-sex couples a fundamental right to marrybecause it will be good for them and for society. If I were a legislator, I would certainly consider that view as a matter of social policy. But as a judge, I find the majority’s position indefensible as a matter of constitutional law.
Yep....social engineering from the bench.

Then.....

Allowing unelected federal judges to select which unenumerated rights rank as “fundamental”—and to strike down state laws on the basis of that determination—raises obvious concerns about the judicial role.

And how right he is. Pulling these "fundamental rights" out from between their cheeks. Douglas was a pro.

His final words for you.....

If you are among the many Americans—of whateversexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it.I respectfully dissent.

This describes you to a tee. You celbrate because the court sided with you. You think that makes it legitimate and "constitutional". Jokes on you. Oh, I can hear you whinning about Roberts right now. Save us the trouble so you can spend more time with your Ruth Bader Ginsburg blow up doll.

Another clear indication is that Biden puts an assclown on the court in the form of Jackson who is beholden to making **** up as she goes. Even her compatriots have had to break with her because of totally ignorant approach to constitutional law.
 
Bradwell v. The State and discriminating based upon sex.
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To the best of my knowledge the Supreme Court has never revisited and reversed its decision in BRADWELL V. THE STATE, 83 U. S. 130 (1872)

Bradwell v. The State essentially confirmed a State has authority to discriminate and make distinctions based upon sex, and that refusing to issue a license based upon sex violates no provision of the federal Constitution.

Seems to me if the Fourteenth Amendment (ratified in 1868) forbids discrimination in law based upon sex, as we are constantly led to believe, e.g. see Obergefell, how could the Supreme Court only four years after the adoption of the Fourteenth Amendment conclude that Illinois, having discriminated and refused to grant to a woman a license to practice law in the courts of that state on the ground that females are not eligible under the laws of that state, violates no provision of the federal Constitution?

And let us not forget that in 1920, years after the adoption of the Fourteenth Amendment and BRADWELL V. THE STATE, the Nineteenth Amendment is adopted forbidding the right of citizens of the United States to vote being denied or abridged by the United States or by any State on account of sex.

Once again, the unanswered question presents itself. If the Fourteenth Amendment already forbid discrimination in law based upon sex, why was there a need for another amendment forbidding discrimination in law based upon sex?
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