Re: the position “Why not explicitly make abortion a Constitutional right via Amendment instead of leaving it to the court?”
Even if we had an Constitutional Amendment explicitly stating “Women have the right to abortions” it would make no difference in this case because the Supreme Court has not officially reversed its stance on Roe v. Wade which states abortions are a Constitutionally protected right.
Instead the court’s conservative majority has taken the cowardly stance of refusing to strike down this law despite the court’s recognition that the Constitution protects the right to have an abortion.
It’s actually a pretty great thing for women. I don’t think we need to use the rights language while trying to prevent their preferred outcome. It’s not a good strategy.
You do realize what you argue is exactly how many, many civil rights in the US could easily be handwaved and that this is exactly what just happened???
But interpretation led to LGBT people having rights just last January. White men who weren’t property owners being able to vote way back when. Interracial marriage being permitted and women being counted as persons.
Textualism is too limited to address the real world. It’s a fantasy solution.
We need to do every possible non-illegal thing:
Court Packing is a great example.
It’s perfectly Constitutional to do it, so let’s do it.
However much complaining there is on right-wing media.
That just shows you’re doing it correctly.
How often does both arms of Congress and POTUS swing to the opposing party? “4 years”? 10 years, at best. But 20 is more reasonable. And a lot can happen in 10-20 years. An electorate can possibly even come to its senses: especially when a sane government is actually working for it instead of against it.
Albeit, filibuster reform is just as, if not much more, critical. The Courts are useless if no legislation can escape the Senate. If we can just get two more Ds in the Senate…
Yeah just to take one recent example: Loving v. Virginia was not a universally popular decision in 1967. We didn’t get to a point where a majority of Americans supported interracial marriage until the 1990s, a full generation after the decision. If we’d waited until there was enough popular support to push through a Constitutional Amendment then we might STILL be waiting.
The major flaw with this is analogy of course is that these laws specifically discriminate against basic biological freedoms of women. This is has and continues to be a war on women. Period.
