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 ...
The Flat Earthers could have used Casey to go against YouTube for unfairly negatively categorizing their particular view of the universe.
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.
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!
Liberty is dependent on life. Therefore, the taking of life is the point at which liberty is ended.
With this reasoning, states shall not legalize abortion. The only remedy is 38 state legislatures approving an amendment.
Alito shredded Roe and Casey, and then burnt the shreds, and then atomized the ashes.
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...
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?
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