Quote: (10-03-2018 06:29 PM)Hypno Wrote:
This was not a powers case because this was a state law. States are generally assumed to have plenary (absolute) power to regulate their citizens, especially regarding crimes and especially regarding conduct that has historically been prohibited. This is because prior to those states joining the United States, they were assumed to have this power and to retain it unless they specifically ceded this power to the federal government. The Tenth Amendment says this, although it does not give the context that I just did.
Actually this is incorrect. The states' powers over their citizens were constrained by the three Civil War amendments (13, 14, and 15). Long before Griswold the Supreme Court applied the substantive due process theory of the 14th Amendment to restrict the actions of the states in various ways. Griswold isn't entirely a radical departure from the case law that had been building for many decades beforehand.
Ultimately I believe Sp5 (who is an attorney) is right in that Kavanaugh isn't going to overturn Roe.
Roe doesn't even matter at this point. Kavanaugh is about protecting fundamental assumptions of our society like due process from the American Khmer Rouge. Their mob tactics have made an enemy of him for decades to come.