ilikedota5 t1_iyszzsh wrote
Reply to comment by macrofinite in We're Tom Wolf,Eliza Sweren-Becker, and Ethan Herenstein. We work on democracy reform at the Brennan Center for Justice. Ask us anything about the Supreme Court’s upcoming case Moore v. Harper and the “independent state legislature” theory. by TheBrennanCenter
The court is not where this stuff should be fought out. Its the province of the legislature. That's precisely why Dobbs threw it back to the States.
The court is supposed to be brakes on the system, to stop the other branches from infringing on existing rights, not inventing new ones out of whole cloth, because they aren't the legislature.
The issue with arguing that the right to privacy extends to abortions is that where does it stop? What is the limit to the right to privacy. All rights have their limits somewhere, because the right to something means defining what encompasses that right. I could strawman it to death, and my point is, without a limit it would swallow up everything else. And should SCOTUS be the one creating and defining those limits? From what basis of constitutional text should they have that power?
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