In spite of having several weeks to prepare since the leak, secular reports have absolutely nothing positive to say about Dobbs. They have latched on to a great deal of Dem-talking-point fear mongering about how Republicans want to ban contraception, overturn gay marriage, and even try to attack interracial marriage and make gay sex illegal.
This is a grave fiction that borders on Big Lie. There is no political will, even among the fiercest social conservatives, to overturn those Court-laws. Our culture has come to accept these as "good policy," even if their legal court reasoning was flawed.
The majority Court decision was clear to affirm that Roe failed miserably by failing to balance the child's right to life.
Democrats and their media believe that they need to churn fear in order to get votes in the mid-terms. So they threaten that Republicans want to upset the settled lives of their base. It won't happen. The other cases will stand unchallenged, and Thomas alone appears to believe that they are even challengeable.tuttle wrote: ↑27 Jun 2022, 07:21 The ramifications of Dobbs goes beyond overturning Roe**. According to Justice Thomas (and the dissenting justices) other cases argued on similar grounds (he calls out ‘substantive due process’ as a legal fiction) as Roe, or used Roe to build their case, are now theoretically on the chopping block. Thomas specifically mentioned Griswold (contraceptives), Lawrence (criminal punishment for gay stuff), and Obergefell (same-sex marriage).
Regardless on whether or not those cases do get overturned (I actually think they might within the next decade or so) I think this also signals a shift in where the battles take place. The left can no longer depend on the highest court to implement their social agendas.
**actually, Dobbs is just one piece in what looks to be a turning point in how the court views itself and its powers. A lot of these opinions are doing the legwork for the future by overturning bad past opinions that have handcuffed previous courts. They are looking to clean up the crap and restrict the court's power (ie, no more legislation from the bench), and it's going to have huge ramifications for all of the leftist "achievements" over the last few decades.
Clarence Thomas's attack on "substantive due process" could actually save the Democrats from themselves. Thomas is signaling that this Court will not indulge new arguments based on substantive due process. There won't be any decisions which could force parents to trans their kids or force female athletes to let men dominate their competitions.