This is the inside story of how the Supreme Court overturned the constitutional right to abortion — shooting down compromise and testing the boundaries of how the law is decided.

To dismantle that decision, Justice Alito and others had to push hard, the records and interviews show. Some steps, like his apparent selective preview of the draft opinion, were time-honored ones. But in overturning Roe, the court set aside more than precedent: It tested the boundaries of how cases are decided.

  • Hyperreality@kbin.social
    61·
    11 months ago

    Precedent based common law is stupid. A variant or something similar to the Napoleonic Code is better.

    Why should judges effectively make laws, based on how they interpret a centuries old judgment about some medieval farmers and a sexy cow? Have the legislature legislate. Have judges judge if the law has been followed.

    I don’t think it’s a huge coincidence that Common Law in the UK has arguably entrenched century old privileges and vestiges of aristocratic privilege and feudalism.