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35
“Conservative” Tom Nichols With A New Hot Take On Roe For The Atlantic (media.communities.win)
posted 3 years ago by Ahaus667 3 years ago by Ahaus667 +35 / -0
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▲ 20 ▼
– AntonioOfVenice 20 points 3 years ago +20 / -0

Tom Nichols is worse than 'not a conservative'. He is a joke.

“@colleenschlegel @PortiaMcGonagal Weirdly, I think abortion will stay legal, but that Roe v. Wade will be overturned at some point. Because it was a crap decision in the first place. And I have tried to warn liberals: live by the court, die by the court. /2” link - archive.org - archive.today

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▲ 17 ▼
– Ahaus667 [S] 17 points 3 years ago +17 / -0

He’s a “conservative” that doesn’t acknowledge America is a constitutional republic. Why do we even bother using words with leftists when the first thing they do is bastardize the language to push their agenda.

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▲ 5 ▼
– NoEyesNoGroin 5 points 3 years ago +5 / -0

The left only understand free helicopter rides

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▲ 4 ▼
– dekachin 4 points 3 years ago +4 / -0

This dude is not a conservative. He's basically a moderate Democrat who is what passes as a "republican" in northeastern liberal academic circles. You can also find extremely cucked "conservatives" like this guy in the UK, for example. Northeastern elitist "republicans" are basically just mildly contrarian Democrats like Bill Maher.

Here is my analysis of the article since OP didn't link it.

How, conservatives fume, can anyone argue that dumping Roe and “throwing it back to the states” is “activism”?

Here’s the answer: Years of political change matter. Decades ago, abortion became accepted as a right by a broad majority of the country.

That's an idiotic argument. The US Supreme Court does not decide cases by conducting opinion polls, they decide what the correct legal result is. The fact that people 'got used to' Roe did not magically transform it into the correct legal result. There is no Constitutional right to abortion. Period. If abortion polls so well, then go ahead and use the democratic process to enact it into statutory law. Opinion polling does not constitute a Constitutional amendment.

Anti-abortion conservatives huff that the Court has regularly overturned hideous decisions, such as Dred Scott, Plessy, or Korematsu (which wasn’t really overruled but finally disavowed in a 2018 ruling). Roe, they argue, is just another bad case that was due for reversal. This is reasoning in a vacuum, as if nothing happened over the course of 50 years.

The Constitution wasn't amended in the last 50 years, so that's irrelevant. Nichols apparently thinks that opinion polling and general social acceptance ought to be given the legal status and force of a formal Constitutional amendment. lol. no.

a majority of Americans believe in a right to abortion in all or some cases

Then they can vote for it.

It’s true that abortion is not in the Constitution.

LOL at this dumbfuck invalidating his whole article.

In 1973, liberal justices decided that abortion was a right, and so ruled. In 2022, conservative justices decided that abortion not only isn’t a right, but that it shouldn’t be. But only one of these is activism?

Except that's a lie and the Court decided nothing of the kind. I guess he needs to lie to keep his paymasters at the far left Atlantic happy.

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▲ 3 ▼
– OldBullLee 3 points 3 years ago +3 / -0

Another complaint from a "living Constitution" asshat. The idea that our rights should morph with changing fashion is a recipe for chaos and misrule, and the left knows this. Scalia was right.

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▲ 20 ▼
– AntonioOfVenice 20 points 3 years ago +20 / -0

You do not have to be pro-life to oppose Roe vs. Wade.

You just have to recognize the plain fact that courts making up phony rights is a very bad thing, both for the rule of law and for the democracy they are always crying about.

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▲ 9 ▼
– Smith1980 9 points 3 years ago +9 / -0

Yea I’ve heard pro choice lawyers saying it was a bad ruling from a constitutional basis

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▲ 11 ▼
– LauriThorne 11 points 3 years ago +11 / -0

There's a reason your civics teacher never actually went into detail about the arguments in RvW just the outcome.

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▲ 8 ▼
– AntonioOfVenice 8 points 3 years ago +8 / -0

I for one find 'emanations from penumbras' to be very persuasive.

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▲ 9 ▼
– yvaN_ehT_nioJ 9 points 3 years ago +9 / -0

Well I wish they'd maybe teach at law school. Classmates of mine are screeching over it lol

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▲ 12 ▼
– Ahaus667 [S] 12 points 3 years ago +12 / -0

archive

I’m a conservative (or what used to be called a conservative) who always thought Roe v. Wade was the product of judicial activism. But overturning it is even worse.

Name one conservative position you have

It’s true that abortion is not in the Constitution. A lot of things aren’t in the Constitution, including the “right to be left alone,” but that hasn’t stopped Americans from recognizing that such rights exist. More to the point, the historical incoherence of Alito’s opinion—and Clarence Thomas’s ominous warning that the Court should review and potentially unravel other rights—suggests that no one in the majority really cares all that much about whether Roe was rightly decided. They care about abortion and other liberal changes in American life (such as gay marriage, apparently), and they may well intend to roll them all back.

This is a massive false equivalence, the right to be left alone is covered under the first amendment and freedom of association. He refuses to acknowledge because he is a disingenuous hack collecting a paycheck.

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▲ 6 ▼
– deleted 6 points 3 years ago +6 / -0
▲ 8 ▼
– Ahaus667 [S] 8 points 3 years ago +8 / -0

You partially answered your own question. Property rights cover the ability for you to camp outside someone’s home and shout at them. This is why noise ordinances are constitutional, you do not own the area you are making noise in so the ability to make noise is dictated by the landowner. The peaceful assembly clause of the first amendment is the second. Shouting is not peaceful, simply put.

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▲ 2 ▼
– deleted 2 points 3 years ago +2 / -0
▲ 5 ▼
– Ahaus667 [S] 5 points 3 years ago +5 / -0

That’s legally incorrect, there is no person limit to assembly. A singular person can assemble. Your right to speech is again freedom from the government to restrict your speech. The right to property is covered by a combination of the 9th and 10th amendments. This is why castle law is not universal. It does however completely invalidate his argument.

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▲ 2 ▼
– deleted 2 points 3 years ago +2 / -0
▲ 5 ▼
– Ahaus667 [S] 5 points 3 years ago +5 / -0

I’m claiming that the right to property is protected directly by the 9th amendment, yes. As references are made to private property across multiple constitutional rights. This is further validated by the tenth where all states have always allowed the purchase of property.

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▲ 3 ▼
– deleted 3 points 3 years ago +3 / -0
... continue reading thread?
▲ 5 ▼
– LauriThorne 5 points 3 years ago +5 / -0

It is. If you don't have a right to property why would the constitution need to prevent the government from taking it without fue process?

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▲ 2 ▼
– deleted 2 points 3 years ago +2 / -0
... continue reading thread?
▲ 4 ▼
– SR388-SAX 4 points 3 years ago +4 / -0

The implication in harassment existing as a crime is that you have some other right that's able to at least equal mine. The arguments for any limitation on the First almost always rely on some phantom right that doesn't show up anywhere in the text.

I'm OK with the courts staying out of the legality surrounding "harassment" as long as they're also willing to stay out of the solutions that a person might employ to end "harassment".

In other words, keep it between men. If you cross a line and you get what you deserve, well, you asked for it and I'm personally not going to convict someone for administering justice to you.

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▲ 3 ▼
– ArchRespawnsAgain 3 points 3 years ago +3 / -0

It's weird how these people don't think "right to be left alone" should apply to the CRA.

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▲ 2 ▼
– when_we_win_remember 2 points 3 years ago +2 / -0

Anyone who writes for the (((Atlantic))) is going to be controlled opposition. I don't particularly care what they call themselves. But that's because I'm not butthurt gatekeeping "conservative." I'm a pro-freedom nationalist.

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▲ 6 ▼
– MattTheBlack 6 points 3 years ago +6 / -0

How dare you reverse an incorrect ruling!?

Just ask these dumb bastards why they think Dredd and Plessy should have stood

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▲ 6 ▼
– Sneak_King 6 points 3 years ago +6 / -0

Ah, so that's what they "conserve": the neoliberal world order.

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▲ 6 ▼
– BulbasaurusThe7th 6 points 3 years ago +6 / -0

This thing? Of course it is bad. But doing anything about it is even worse, like yikes. Can't we just say we dislike it, but don't touch the damn thing?

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▲ 5 ▼
– TakenusernameA 5 points 3 years ago +5 / -0

Judicial activism should not stand, even if it takes activism to remove it. The supreme court should be activists in terms of striking down unconstitutional rulings.

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▲ 4 ▼
– Smith1980 4 points 3 years ago +4 / -0

It is the Atlantic so not surprised

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▲ 4 ▼
– lgbtqwtfbbq 4 points 3 years ago +4 / -0

This is another one of those things that "make your enemies tell the truth". How many politicians and grifters signed their support for overturning this thing "knowing" it was never going to be overturned?

Now you get to see how many people value being invited to their friends' cocktail parties over their so-called "conservative principles".

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▲ 4 ▼
– deleted 4 points 3 years ago +4 / -0

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