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Unpacking Justice Alito’s Soundly Constitutional and Philosophically Coherent Dobbs Opinion
National Catholic Register ^ | June 29, 2022 | Father Raymond J. de Souza

Posted on 06/30/2022 3:13:39 AM PDT by definitelynotaliberal

Arguing that it did, the Casey Court went much further still, making the claim that “liberty” included abortion and much else besides. It became one of the most infamous passages in the entire history of SCOTUS jurisprudence:

“At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”

Thus, Casey was about so much more than abortion. It offered an understanding of liberty that made the individual the arbiter of everything, including the meaning of the universe. It was the most radical principle of autonomy that one could imagine, completely independent from the truth about things, or the Constitution itself.

The late Justice Antonin Scalia heaped scorn and withering sarcasm on what he called the “sweet-mystery-of-life” passage, ridiculing the formulation of Kennedy, widely understood to be its author. Scalia argued that there was nothing that could not be included in Kennedy’s “sweet-mystery” approach to liberty.

(Excerpt) Read more at ncregister.com ...


TOPICS: History
KEYWORDS: alito; dobbs; kennedy; scalia; sweetmysteryoflife
My apologies if this has already been posted. I did a search, it didn't come up.
1 posted on 06/30/2022 3:13:39 AM PDT by definitelynotaliberal
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To: definitelynotaliberal

The Flat Earthers could have used Casey to go against YouTube for unfairly negatively categorizing their particular view of the universe.


2 posted on 06/30/2022 4:01:13 AM PDT by who_would_fardels_bear (This is not a tagline.)
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To: who_would_fardels_bear

As indeed they may yet. Certainly one’s notion of the shape of the earth is not constrained by law. Nor should it be so. We are yet free to advance our devoutly held ideas irrespective of state orthodoxy.
As to actions based upon our beliefs, if they are coherent with ordered liberty as described by law, let them be, for they are no hindrance upon the natural order of a self regulated society.


3 posted on 06/30/2022 4:30:23 AM PDT by Louis Foxwell (Seek refuge in Christ. He is your sword and shield.)
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To: definitelynotaliberal

This is a great article. Especially loved the mention of Justice Scalia’s « sweet mystery of life » characterization of the Casey reasoning about individual autonomy, and his footnote to Obergfell that he would hide his head in a bag if he were in the majority to a decision using such language!


4 posted on 06/30/2022 4:36:37 AM PDT by NorthernDancer
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To: definitelynotaliberal

Liberty is dependent on life. Therefore, the taking of life is the point at which liberty is ended.


5 posted on 06/30/2022 4:42:21 AM PDT by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
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To: definitelynotaliberal

With this reasoning, states shall not legalize abortion. The only remedy is 38 state legislatures approving an amendment.


6 posted on 06/30/2022 4:51:36 AM PDT by cicero2k
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To: definitelynotaliberal

Alito shredded Roe and Casey, and then burnt the shreds, and then atomized the ashes.


7 posted on 06/30/2022 4:52:29 AM PDT by Arcadian Empire (The Baric-Daszak-Fauci spike protein, by itself, is deadly.)
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To: definitelynotaliberal

Alito doesn’t get the attention of Scalia or Thomas, but he will leave a footprint in history.


8 posted on 06/30/2022 6:22:19 AM PDT by lurk (u)
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To: lurk
Alito doesn’t get the attention of Scalia or Thomas, but he will leave a footprint in history.

Justice Kennedy didn't either, and look what a mess he made — abortion, gay rights, gay marriage...

9 posted on 06/30/2022 9:53:43 AM PDT by Albion Wilde (“Government is the problem.” --Milton Friedman)
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To: definitelynotaliberal

I read the article and it makes my mind wander to what Catholic church goers are hearing from the pulpit now on this issue. Most Catholics I know are “pro-choice” and “gay” friendly. Is this Catholic writer heard much among the Catholic population?


10 posted on 06/30/2022 10:07:42 AM PDT by Wuli
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