In my opinion, the original fourth amendment privacy reasoning from Roe is garbage e.g. penumbras/emanations, etc. In fact, the entire privacy jurisprudence is inconsistent with the original meaning of the fourth amendment. I don’t really see any coherent way to find a right to abortion in the constitution. A better grounding in my opinion would be some sort of individual autonomy theory grounded in the ninth amendment. Our jurisprudence has completely ignored the Ninth Amendment. Many originalists argue it protects certain core, inalienable rights that the founders thought were not as likely to be violated by the government as were the the enumerated ones—hence the reason for their enumeration. Such core rights could be things like the right to defend oneself, the right to contract, the right to autonomy, etc. Libertarian originalists argue you could fit some sort of right to contraception in the autonomy prong.
But I've seen Scalia argue he doesn't agree that the 14th amendment originally meant that the bill of rights was supposed to apply to the states. So do you think the fact it is currently interpreted as such go hand in hand with a ruling like Row V Wade?
I don't think so but I'd like a lawyers opinion on why not, unless you think it might...
What's your opinion of Roe v Wade as a decision, and in your opinion what should constitute an undue burden upon that "right"?
In my opinion, the original fourth amendment privacy reasoning from Roe is garbage e.g. penumbras/emanations, etc. In fact, the entire privacy jurisprudence is inconsistent with the original meaning of the fourth amendment. I don’t really see any coherent way to find a right to abortion in the constitution. A better grounding in my opinion would be some sort of individual autonomy theory grounded in the ninth amendment. Our jurisprudence has completely ignored the Ninth Amendment. Many originalists argue it protects certain core, inalienable rights that the founders thought were not as likely to be violated by the government as were the the enumerated ones—hence the reason for their enumeration. Such core rights could be things like the right to defend oneself, the right to contract, the right to autonomy, etc. Libertarian originalists argue you could fit some sort of right to contraception in the autonomy prong.
Fourteenth amendment right?
But I've seen Scalia argue he doesn't agree that the 14th amendment originally meant that the bill of rights was supposed to apply to the states. So do you think the fact it is currently interpreted as such go hand in hand with a ruling like Row V Wade?
I don't think so but I'd like a lawyers opinion on why not, unless you think it might...