.
Young: "Where, exactly, is the momentum for the kind of wholesale rollback of legal rights and protections associated with social liberalization? Is there even any reason to believe that the presumed anti-Roe majority in Dobbs could be reassembled to overturn Grisworld, Lawrence or Obergefell?"
Young: "Where, exactly, is the momentum for the kind of wholesale rollback of legal rights and protections associated with social liberalization? Is there even any reason to believe that the presumed anti-Roe majority in Dobbs could be reassembled to overturn Grisworld, Lawrence or Obergefell?"
There is every reason in the world to expect any one (or more) of about 25 states to pass law(s) restricting or banning contraception and/or banning sodomy and/or same sex marriage -- before 2023
Gorsuch notwithstanding (and don't be so sure about him if he joins Alito's Dobbs opinion), there would still be a radically conservative SCOTUS majority to follow the precedent of Alito's Dobbs opinion
Young: "Given that there is currently no movement to overturn any of the rulings Heer mentioned, the idea that the Supreme Court will suddenly go on a precedent-killing spree seems a bit far-fetched."
No spree is required -- SCOTUS will be more than happy to let those questions "ripen", which imo they will -- before 2023
Young: "It’s also worth noting that sodomy laws were hardly ever enforced even before they were found unconstitutional."
ONE enforcement is one too many, especially if it is confirmed by SCOTUS
See the legal landscape before Lawrence v Texas -- "In Bowers v. Hardwick (1986), the Supreme Court ruled that the Constitution does not protect the right of gay adults to engage in private, consensual sodomy."
That is the landscape to which America will return if Lawrence is overturned on the basis of Alito's Dobbs opinion -- anti-sodomy laws are still on the books of many states, same as anti-abortion laws
PS: What I hear you saying in your rebuttals of Heer -- "It doesn't matter if the gun is loaded with the safety off -- it's just lying there on the table; no one's holding it now or aiming it at anyone"
.
Young: "Where, exactly, is the momentum for the kind of wholesale rollback of legal rights and protections associated with social liberalization? Is there even any reason to believe that the presumed anti-Roe majority in Dobbs could be reassembled to overturn Grisworld, Lawrence or Obergefell?"
There is every reason in the world to expect any one (or more) of about 25 states to pass law(s) restricting or banning contraception and/or banning sodomy and/or same sex marriage -- before 2023
Gorsuch notwithstanding (and don't be so sure about him if he joins Alito's Dobbs opinion), there would still be a radically conservative SCOTUS majority to follow the precedent of Alito's Dobbs opinion
Young: "Given that there is currently no movement to overturn any of the rulings Heer mentioned, the idea that the Supreme Court will suddenly go on a precedent-killing spree seems a bit far-fetched."
No spree is required -- SCOTUS will be more than happy to let those questions "ripen", which imo they will -- before 2023
Young: "It’s also worth noting that sodomy laws were hardly ever enforced even before they were found unconstitutional."
ONE enforcement is one too many, especially if it is confirmed by SCOTUS
See the legal landscape before Lawrence v Texas -- "In Bowers v. Hardwick (1986), the Supreme Court ruled that the Constitution does not protect the right of gay adults to engage in private, consensual sodomy."
That is the landscape to which America will return if Lawrence is overturned on the basis of Alito's Dobbs opinion -- anti-sodomy laws are still on the books of many states, same as anti-abortion laws
https://www.thirteen.org/wnet/supremecourt/rights/landmark_bowers.html
PS: What I hear you saying in your rebuttals of Heer -- "It doesn't matter if the gun is loaded with the safety off -- it's just lying there on the table; no one's holding it now or aiming it at anyone"
.