= 27d567bc2d48d9f40e9ccc20ea370b15)
TimS comments on Rationality Quotes Thread January 2016 - Less Wrong
You are viewing a comment permalink. View the original post to see all comments and the full post content.
= 783df68a0f980790206b9ea87794c5b6)
Loading…= b715d02e85f7b3b4ae65ca3d3e450868)
Subscribe to RSS Feed
Powered by Reddit
= f037147d6e6c911a85753b9abdedda8d)
You are viewing a comment permalink. View the original post to see all comments and the full post content.
Comments (244)
I like the Ninth Amendment too, but it's worth noting that the majority opinion in Obergefell v. Hodges cited the due process and equal protection clauses, not natural rights: one could argue that the rationale was absurd even if the outcome was correct.
So, the 14th Amendment protects "privileges or immunities." There's some of historical evidence of what those might include. But in the Slaughterhouse cases, the Supreme Court drained the phrase of any legal significance. There are many legal scholars across the political spectrum who think the Slaughterhouse cases are inconsistent with original public meaning.
Those scholars who think Obergefell, Roe, and such are consistent with original public meaning tend to say that "substantive" due process should be understood as code for "privileges or immunities."