They can, but in this case the majority decision delineates the history of the recognition of this inherent individual human right, long before the existence of the United States. This affirmation reflects not only that historic truth, but also the original intent of the founders to perpetuate that truth.JonNC:![]()
SCOTUS can be wrong too. Especially when they are affirming something beyond their domain, which is US law. If the SCOTUS affirmed something about quantum mechanics or the authenticity of the Mona Lisa, you would not expect their affirmation to carry any weight in those domains either.LeafByNiggle:![]()
The SCOTUS affirms that antecedent right in unequivocal terms.The Constitution may claim to recognize certain rights as pre-existing, but the Constitution can be wrong in doing so. In this case I think it is wrong.
It is not outside their domain to acknowledge this history