http://www.breitbart.com/2016-presidenti...on-stakes/
(so the Second Ammendment, crystal clear, is interpretable but there are defensible "implied" Constitutional rights?)
Or in other words...
Quote:Quote:
Supreme Court Strikes Down Modest Abortion Restrictions, Highlights 2016 Election Stakes
WASHINGTON, D.C. — Pro-life supporters suffered their worst defeat in many years on Monday at the U.S. Supreme Court in Whole Woman’s Health v. Hellerstedt, as Justice Anthony Kennedy sided with pro-abortion forces for the first time since 1992, striking down Texas’s HB2 for violating abortion rights.
HB2 is a statute requiring abortion doctors in the Lone Star State to have admitting privileges at a hospital within 30 miles of their abortion clinic. The state law also requires every abortion facility to meet the equipment and sanitation standards of an ambulatory surgical center.
In 1973, the Supreme Court declared in Roe v. Wade that the Constitution implicitly contains an unwritten right (called an “implied right”) to abortion. Roe suggested that this is a fundamental right, one where the constitutional requirements shift based on which trimester the pregnancy is in...
(so the Second Ammendment, crystal clear, is interpretable but there are defensible "implied" Constitutional rights?)
Quote:Quote:
...Justice Thomas also dissented separately, beginning:
Today the Court strikes down two state statutory provisions in all their applications, at the behest of abortion clinics and doctors. That decision exemplifies the Court’s troubling tendency “to bend the rules when any effort to limit abortion, or even to speak in opposition to abortion, is at issue.”
Though joining the principal dissent written by Alito, Thomas explained, “I write separately to emphasize how today’s decision perpetuates the Court’s habit of applying different rules to different constitutional rights — especially the putative right to abortion.”
Noting that Casey’s undue-burden test specifically downgraded abortion from the vaunted pedestal Roe had placed it upon, rejecting Roe’s treating abortion like a fundamental right, Thomas added that today, “the majority eviscerates important features of that test to return to a regime like the one that Casey repudiated.”
“Our law is now so riddled with special exceptions for special rights that our decisions deliver neither predictability nor the promise of a judiciary bound by the rule of law,” Thomas wrote.
After a thorough analysis, quoting a 1989 law review article from his friend, the late Justice Antonin Scalia, Thomas concluded his 16-page dissent:
Today’s decision will prompt some to claim victory, just as it will stiffen opponents’ will to object. But the entire Nation has lost something essential. The majority’s embrace of a jurisprudence of rights-specific exceptions and balancing tests is “a regrettable concession of defeat—an acknowledgement that we have passed the point where ‘law,’ properly speaking, has any further application.” I respectfully dissent.
Or in other words...
![[Image: ms1wqjpzfowrc4yzsy5y.gif]](https://i.kinja-img.com/gawker-media/image/upload/s--n61HqMRD--/ms1wqjpzfowrc4yzsy5y.gif)
The public will judge a man by what he lifts, but those close to him will judge him by what he carries.