See tagline.
They are worried, and they are right to worry because they know that those "rights" have no constitutional foundation.
They may be common-law rights, or protected by States as consumer rights, but they are not Federal Constitutional rights enforceable by courts all over the US.
The two worst mentions/clauses of the US Constitution that have been horribly abuse are 1) the Commerce Clause, and 2) ‘general welfare.’
The non-delegation argument needs to be vigorously implemented and applied to all the alphabet agencies, including EPA and BATFE. For example, the recent BATFE regulations on "ghost guns" re-write the statutory definition of a firearm, which the agency has no authority to do.
Uphold the 2nd Amendment against all the imbecilic state and local restrictions on "assault weapons," "high capacity magazines," etc. The chance of an American dying in a mass shooting by a kook with a gun is about the same as an American being killed by lightning. There is no compelling state interest in regulating firearms when states and the Federal government can simply vacuum criminals off the street without infringing on the rights of law abiding gun owners. Infringing on gun rights vs. incarcerating criminals is not a constitutional policy choice.
All of the specious "rights" supposedly granted by the 14th Amendment, including Obergefell need to be thrown out. The right to substantive due process means the right to have legal actions taken in the manner prescribed by law and that such actions are not merely pro-forma. The law presumptively can control any behavior except that restricted by amendment. Those amendments do not include sexual behavior, and every society since the dawn of recorded history has restricted sexual behavior. No societies before our own have ever recognized the monstrosity of "gay marriage."
“But they all raise issues that have been the targets of conservative legal scholars for decades, and they will now be decided by a right-wing Court with seemingly little commitment to its own precedents......”
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The Atlantic forgot to add, “…precedents that were decided by left-wing courts with seemingly little commitment to the Constitution.”
It is well past time for the power of the federal government to be reigned in. The federal government, since Wickard v. Filburn in 1942, has grown without any meaningful limits to something way beyond what the founding fathers ever envisioned. Its power over the lives of ordinary Americans, down to the smallest detail of private life, is incomprehensible under the Constitution. But that is what happens when the Supreme Court ignores the Constitution and legislates based on what five unelected and unaccountable justices believe at any point in time to be socially correct. That is not their job, and it exceeds their authority. If they wish to legislate, then they should run for Congress. It is time for the era of American empire to end, and for the Republic to be restored. The first step in this process is to reign in the seemingly unlimited power of the federal government. I have been waiting for a session of the Court like this one is shaping up to be for my entire adult life…and it is magnificent.
See tagline.
“next target”
The Atlantic is just a leftist comic book.
bkmk
The supreme court unlike the antiAmerican Atlantic, has no target.
The Atlantic publisher should be drug through the streets for this article
The supreme court unlike the antiAmerican Atlantic, has no target.
The Atlantic publisher should be drug through the streets for this article