Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: 2harddrive; All

Pro-Choice Democrat, Yale Law Prof: ‘Roe Doesn’t Cut It as a Constitutional Opinion’

https://cnsnews.com/article/national/ben-kelley/pro-choice-democrat-yale-law-prof-roe-doesnt-cut-it-constitutional

“At the end of the day, if you say something is unconstitutional you have to show me where,” said the Yale law professor. “Roe v. Wade says it is unconstitutional to prohibit abortion before viability, basically 22 weeks. If you look at the Constitution, it doesn’t say anything about abortion one way or another…. Roe v. Wade doesn’t even quote the language of the Constitution that it says is applicable, which in effect says that liberty and property can be restricted with proper legal procedures.”

In response to people who criticized the decision for upending Supreme Court precedent, Amar argued that the primary law of the land is the Constitution — not the precedents. In his view, decisions that do not arise from the Constitution itself should be “thrown overboard.”

“Precedents can and should be disregarded when they’re egregiously wrong,” he said.


484 posted on 06/28/2022 7:20:53 PM PDT by Texan4Life
[ Post Reply | Private Reply | To 483 | View Replies ]


To: Admin Moderator
Why is the title of this post still incorrect?

There was never any true constitutional rights given or reinforced because of Roe v Wade.

Please fix.

485 posted on 06/29/2022 4:47:32 AM PDT by BureaucratusMaximus (I'm ULTRA MAGA.)
[ Post Reply | Private Reply | To 484 | View Replies ]

To: Texan4Life

“Pro-Choice Democrat, Yale Law Prof: ‘Roe Doesn’t Cut It as a Constitutional Opinion’

https://cnsnews.com/article/national/ben-kelley/pro-choice-democrat-yale-law-prof-roe-doesnt-cut-it-constitutional

“At the end of the day, if you say something is unconstitutional you have to show me where,” said the Yale law professor. “Roe v. Wade says it is unconstitutional to prohibit abortion before viability, basically 22 weeks. If you look at the Constitution, it doesn’t say anything about abortion one way or another…. Roe v. Wade doesn’t even quote the language of the Constitution that it says is applicable, which in effect says that liberty and property can be restricted with proper legal procedures.”

In response to people who criticized the decision for upending Supreme Court precedent, Amar argued that the primary law of the land is the Constitution — not the precedents. In his view, decisions that do not arise from the Constitution itself should be “thrown overboard.”

“Precedents can and should be disregarded when they’re egregiously wrong,” he said.”

WELL PUT! Thanks!


486 posted on 06/29/2022 10:42:51 AM PDT by 2harddrive (FREE 3D-printable Firearm blueprints available here: https://drive.google.com/drive/mobile/folders/)
[ Post Reply | Private Reply | To 484 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson