Why did Roe v Wade rely on an unwritten right to privacy rather than the equal protection clause then?
Why did Roe v Wade rely on an unwritten right to privacy rather than the equal protection clause then?
Something to do with some bad uses of substantive due process stuff in early 1900s.
Just one comment away from implying that this case is straightforward, and you're bringing up esoteric case law from 100 years ago. I don't point this out to denigrate you, but to highlight just how complicated law can be, particularly when it comes to landmark SCOTUS decisions. I thought I heard on the news that the majority opinion was 90 pages long, but I can't find a reference. However detailed it was, for the next month, literally millions of people will be on Twitter making 280-character-limited reductio ad absurdum comments about it.
The draft is also a temporary measure. As with other wartime restrictions of civil liberties, like curfews or rationing, it would not be tolerated if continued outside the context of a war.
Do you have a historical example of that in the roughly 300 year history of the US? Do you anticipate on recent Supreme Court rulings that they will expand the idea of equality and not reinforce traditional Christian gender roles?