Tuesday, May 03, 2022

Something wicked this way comes/rev II

Now that Roe v. Wade's in jeopardy, let's think birth control, the loss of privacy and LGBTO issues as the loss of a woman's right to choose eliminates a linchpin in protecting the 4th Amendment and, in indirect fashion, access to contraception and due process, two bete noirs of the religious right's fanatical attempt to control human behavior using god as the raison d'ete as why this is the right thing to do. 

To whit.

A draft Supreme Court opinion striking down Roe v. Wade has progressives fearing the conservative majority could use the same reasoning to target LGBTQ, contraceptive, and other rights.

Other protections grounded in a constitutional right to privacy could be vulnerable to the same argument that they’re not “deeply rooted in this Nation’s history and tradition,” as Justice Samuel Alito wrote in his draft opinion published Monday by Politico that would overturn the Supreme Court’s 1973 Roe and 1992 Planned Parenthood v. Casey decisions. The Supreme Court confirmed the authenticity of the draft in a statement Tuesday.

In reading Alito's opinion, the word assume reigns supreme as the right to privacy, according to him, is not a fundemental right even though the 4th Amendment clearly states it is.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

What part of no does Alito not understand.

The Republic of Gilead beckons ...

The draft opinion is “a sweeping reassessment of constitutional law generally, not just as it relates to abortion or privacy, but it threatens to reverse a generation of constitutional rights well beyond those that involve sex and sexuality,” she said.

By taking aim at “substantive due process"—the idea that certain rights are so fundamental that they can’t be taken away by the states—the opinion calls into question “a wide range of cases having to do with police searches of your body, forced drug tests, police brutality cases,” she said. “A wide range of government misconduct also could be on the chopping block in terms of what the Constitution prohibits”.

Due process ... rather important as it not?

The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures. 

The bonnets that Handmaids wear are modelled on Old Dutch Cleanser's faceless mascot, which Atwood in childhood found frightening.[9]

2nd Witch:

By the pricking of my thumbs,

Something wicked this way comes. [Knocking]

Open locks,

Whoever knocks!

[Enter Macbeth]

 Macbeth Act 4, Scene 1, 44–49

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