• ricecake@sh.itjust.works
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    2 months ago

    Codifying a right in the constitution when the case law making it legal has been explicitly name dropped as something to overturn by a supreme court justice is not in the least performative.

    Before Roe was overturned, it was understood that the supreme court didn’t flip precedent because it messed with too much stuff, removing legal assumptions that people have been relying on, like unconstitutional laws banning gay marriage or abortion being inapplicable.