Blackmun’s argument in Rowe was a bit different than your version. Rowe was based on Griswold v. Connecticut— a birth control decision. I have always viewed Griswold as profounded conservative although it was written by William O. Douglass.
He raised the question of what government power exists when something is not in the Constitution and his answer was no power exists and in that vacuum the individual has a right to act unless the Constitution is amended. Small government; rely on citizen liberty.
Two other main points from Blackmun:
1 The 19 th Century laws banning abortion were intended to protect the mother ( not the fetus) and advances in surgery had ended that rationale.
The court refused to definitively state when life begins.
Justice Souter broadened the scope of Rowe my tying it to the 14th Amendment.
It is commonplace to say “Rowe was wrongly decided” but the reasons why are muddy.
Personally, I favor maximizing citizen freedom. The conservative movement has abandoned that in favor of increasingly intrusive. government control. A great example of how power corrupts.
Sorry- can’t agree with that. 50 different medical systems with different rules about medications seems awful. I think a red state can do a work around to make sure the drugs don’t get used medically. But actually banning drugs overrides the FDA and leads to a whole lotta craziness. I think the Courts will also not want to go down that route of picking and choosing.
no sure if any forumites are aware of the existence of HISA (horse racing integrity and safety act) passed by congress to federalize horseracing regulations nationwide instead of the mishmash of regulations under state rule.
texas decided to opt out. perhaps states will opt out of the FDA approval process.
This would be false, where the Constitution does not grant power it is reserved to the States and the people respectively. First the states, then the people. If the states do not act, then the people have the power, if they do, the states do.
I should note that the Supreme Court has certainly reached its decision by now. The reason for the extension and the delay is that a dissent (and possibly concurrences) are being written.
Actually the lesson the left took from Dobbs is as long as abortion is on the ballot, the Democrats chances of winning soar. So you state level R’s scramble — suing in Michigan that keep it off and now trying in Ohio.to require ballot issues must get 60% to pass.
Leftists want everyone to be free to chose their lives. The right wants partisan judges to impose conformity.
From Kansas to Wisconsin the people have spoken. Conservatives want them to shut up and do as they are told.