Actually, it does fly, and he’s right. That’s what’s so bad about R v W.
Arguing the morality of abortion, and arguing whether abortion should be legal nationwide are two different arguments.
The reason why the gay marriage issue is still something states can decide for themselves is because of the mess R v W made of these sorts of issues.
No way we pass a national law about gay marriage after R v W. Won’t happen. RvW has been a headache for liberals AND conservatives since it happened.
Penumbras and emanations - it’s the day, specifically, the Supreme Court jumped the shark. It’s on the same level as Obama’s Nobel Prize. SCOTUS went WAAAAAY too far, and it made using stare decisis much more difficult for future courts.
Kelo is another doozy, jump-the-shark, boner for SCOTUS as well. Souter’s practically still living in his Mom’s basement. How he ended up on the Supreme Court is beyond me.
"No person shall be deprived of life without due process of law." "No State shall deprive any person of life without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.""We the People of the United States, in Order to...secure the Blessings of Liberty to...our Posterity, do ordain and establish this Constitution for the United States of America."
What is it about any of that that is at all murky or in any way mysterious?