- Joined
- Mar 17, 2022
Correct.Those other decisions Thomas mentions don't have anything to do with "removing rights" they're about horrible case law and precedent that was set by nonsensical SC decisions.
The 10th Amendment might and probably should. It would not surprise me if if federal laws doing this could muster bc of how commerce clause has been interpreted...There's nothing stopping Congress from passing laws tomorrow that federally enshrine contraception and same sex marriage into law. Why haven't they already?
Gay marriage was always a mistake, but unfortunately conservatism in this country has always been beholden to religious zealotry and dogma, so when gay marriage was the current thing, there was little opposition to it that was intellectually astute.
Now because of Oberfell it has been normalized to such an extent that it will be hard to undo. Maybe the way deviancy has been defined down, slippery slope with drag queen sorry hour and trans kids will help people understand but I doubt it.