Paywall. Can you summarize the gist of their argument?The New York Times today published a rebuttal of Alito showing that the 14th Amendment clearly provided ex-slave women (and by extension all women) with protection of reproductive rights. It also refers to a key court case of 1942 of relevance to reproductive autonomy:
Opinion | No, Justice Alito, Reproductive Justice Is in the Constitution (Published 2022)
The repeal of Roe v. Wade brings a return of sexual servitude for women.www.nytimes.com
The bolded type.The New York Times today published a rebuttal of Alito showing that the 14th Amendment clearly provided ex-slave women (and by extension all women) with protection of reproductive rights. It also refers to a key court case of 1942 of relevance to reproductive autonomy:
Opinion | No, Justice Alito, Reproductive Justice Is in the Constitution (Published 2022)
The repeal of Roe v. Wade brings a return of sexual servitude for women.www.nytimes.com Paywall. Can you summarize the gist of their argument?
The bold type is an assertion. It's not proof that an assertion is correct.The bolded type.
Alito overreached via his political ruling.
Alito's ruling was based on an ad pop assertion.The bold type is an assertion. It's not proof that an assertion is correct.
You've overreached with your reasoning.
That is complete gibberish, and you're doing your side of the argument no favors.Alito's ruling was based on an ad pop assertion.
Difference being he held the power to enforce.
Black women’s sexual subordination and forced pregnancies were foundational to slavery. If cotton was euphemistically king, Black women’s wealth-maximizing forced reproduction was queen ...
... This Supreme Court demonstrates a selective and opportunistic interpretation of the Constitution and legal history, which ignores the intent of the 13th and 14th Amendments, especially as related to Black women’s bodily autonomy, liberty and privacy which extended beyond freeing them from labor in cotton fields to shielding them from rape and forced reproduction. The horrors inflicted on Black women during slavery, especially sexual violations and forced pregnancies, have been all but wiped from cultural and legal memory. Ultimately, this failure disserves all women.
I was able to read the article (the NYT really ought to design their website security with more care). I think there are two paragraphs that summarize Ms Goodwin's argument, and they are these:
It's an interesting analysis and could possibly be the basis for a federal abortion rights act in cases where pregnancy is involuntary. But her argument falls apart when the act that results in conception is voluntary, as it is in most cases.
Even the most favorable reading of this analysis, however, doesn't speak to the core issue: when does a woman, acting on her right to privacy, harm another? This cannot be resolved without legally defining "another," and nothing in the 13th or 14th (or anywhere else in the Constitution) gives Congress or SCOTUS the authority to do this. Only states can.
It all boils down to an asserted interpretation of the constitution regarding abortion via the 14th.That is complete gibberish, and you're doing your side of the argument no favors.
I’ve never said there wasn’t a right to privacy, marital or otherwise, in the Constitution. You’ll need to find someone who’s made that assertion.Can states ban birth control since there is no right to marital privacy in the constitution?
I’ve never said there wasn’t a right to privacy, marital or otherwise, in the Constitution. You’ll need to find someone who’s made that assertion.
But her argument falls apart when the act that results in conception is voluntary, as it is in most cases.
Even the most favorable reading of this analysis, however, doesn't speak to the core issue: when does a woman, acting on her right to privacy, harm another? This cannot be resolved without legally defining "another," and nothing in the 13th or 14th
Whether it’s convenient or not is irrelevant. There is no right to abortion in the Constitution because there is no authority granted to the federal government to resolve the central issue of abortion law: a legally binding definition of what is and what is not human life (with rights).But you conveniently find there is no right to abortion?
Being raped is not a voluntary act. The other scenarios you describe are.An unwanted pregnancy is unwanted whether it's the result of a guy lying about putting on a condom, birth control failing, or rape.
Correct. I think one could argue that federally protected rights cannot be extended to the unborn. That does not prohibit a state from creating rights for the unborn within their own jurisdiction.Funny that you mention the 14th Amendment, which specifies those "born and naturalized"...
Whether it’s convenient or not is irrelevant. There is no right to abortion in the Constitution because there is no authority granted to the federal government to resolve the central issue of abortion law: a legally binding definition of what is and what is not human life (with rights).
There is a limited right to privacy in the 4th amendment, and I don’t believe there’s a martial exclusion described anywhere else in the Constitution.There is no right to marital privacy either.... Is there a right for parents to choose the school where their child attends or can the state force them into public schools?
Being raped is not a voluntary act. The other scenarios you describe are.
That does not prohibit a state from creating rights for the unborn within their own jurisdiction.
There is a limited right to privacy in the 4th amendment, and I don’t believe there’s a martial exclusion described anywhere else in the Constitution.
Sorry, you’re camel’s nose argument is going no where.
lol this nonsense sounds so stupid it’s not even worth the time to readThe New York Times today published a rebuttal of Alito showing that the 14th Amendment clearly provided ex-slave women (and by extension all women) with protection of reproductive rights. It also refers to a key court case of 1942 of relevance to reproductive autonomy:
Opinion | No, Justice Alito, Reproductive Justice Is in the Constitution (Published 2022)
The repeal of Roe v. Wade brings a return of sexual servitude for women.www.nytimes.com
L
lol this nonsense sounds so stupid it’s not even worth the time to read
So the argument is that because black women got pregnant while slaves and had children, and the 13th amendment repealed slavery, that black women have a “right not to reproduce”?I was able to read the article (the NYT really ought to design their website security with more care). I think there are two paragraphs that summarize Ms Goodwin's argument, and they are these:
It's an interesting analysis and could possibly be the basis for a federal abortion rights act in cases where pregnancy is involuntary. But her argument falls apart when the act that results in conception is voluntary, as it is in most cases.
Even the most favorable reading of this analysis, however, doesn't speak to the core issue: when does a woman, acting on her right to privacy, harm another? This cannot be resolved without legally defining "another," and nothing in the 13th or 14th (or anywhere else in the Constitution) gives Congress or SCOTUS the authority to do this. Only states can.
The pregnancy may be unwanted, but that does not make it the product of an involuntary act. There is no reason to believe any means of contraception is 100% fail safe.Obviously not if precautions were taken, then the pregnancy was not intended. A woman in that scenario did not agree to become pregnant.
No, it makes them accountable for their voluntary behavior, just as men are.To argue otherwise is to punish the woman for having sex.
Of course it does. I have never claimed abortion bans don’t curtail the privacy rights of women or place a limit on their bodily autonomy. I have repeatedly said exactly the opposition. After all our exchanges on this topic, do you really understand so little about my position?Yes it does. Any retriction on abortion inevitably involves limiting or curtailing the rights of a woman to both pursue her own medical affairs and limits her bodily autonomy.
Well because the Supreme Court wrongly ruled in 1965 they can for now. In the future the constitution will be restored and the clear right to do so will be restored with it.Can states ban birth control?
Well because the Supreme Court wrongly ruled in 1965 they can for now. In the future the constitution will be restored and the clear right to do so will be restored with it.
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