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The choice is passed on to the individual rather than the state.This makes no sense. Of course choice is removed when the ability to enact particular kinds of laws is gone.
As a member of the American Solidarity Party, I take it that you support the view that government actions should be taken by the smallest political entity capable of exercising the function?
What political unit is smaller than the citizen themselves?
If you want the ability to choose for people via ochlocracy, then sure. I can see why this would be an important objection.I suppose the removal of choice is more indirect when it comes to the voters as they vote for politicians rather than laws (referendums excepted), but that’s splitting hairs.
No, no I did not. Ergo, no need to consider the rest of your counter, here.But more importantly, you bringing up the question of “choice” is a complete deflection from what I said! You made the assertion that “the legal right for abortion clinics to exist and operate” was the result of “majority deliberations.”
I think that’s a great point. It identifies an inherent problem of a dynamic society relying on fixed constitutions.But even if someone disagrees with that assessment and say that the right to abortion is in fact found in the constitution, it doesn’t make any sense to try to put forward the argument that all the Supreme Court did was “preserve” a particular constitutional right when the whole argument is that the right in question isn’t found in the constitution to begin with!
The darn things age.
Religions encounter a similar problem when considering how to address novel concerns that 1st and 2nd century religious writers couldn’t have even dreamed of.
Apologies. Confused it with another case, then.… huh? The Commerce Clause isn’t cited once in Obergefell v. Hodges.
It’s been a few years, but I recalled one of the cases making that argument. It might have been one of the cases forgone in favor of Obergefell v. Hodges. Happily withdrawn.