probably. But your indictment of a Supreme Court Justice and the President's Administrator of the White House Office of Information and Regulatory Affairs as being supportive of eugenics is very interesting.
as I said, I was probably thinking of someone else. As far as Ruth Bader Ginsburg goes, she definitely believes in eugenics.... so.... yeah.... Not like I was all wrong, I just made a mistake on one of the people.
I would actually argue that those three people I mentioned are usually wrong, profoundly wrong- but I wouldn't make the mistake of calling them stupid.
I didn't call them stupid either. But any of those three are capable of saying stupid things.
Of course not, but it does demonstrate that my comment wasn't the "Stupidest thing you'd ever heard," especially if you have any background or awareness of the subject. It's widely agreed that it was a bad decision.
A bad decision maybe. Bad constitutional law, no.
The Roe v. Wade decision is rooted in a distortion of the Constitution; specifically through equivocation of the concept of due process. Without any Constitutional (or other textual) basis, the concept is arbitrarily split into two concepts; procedural due process (which is the true meaning of due process), and "substantive" due process. From "substantive" due process comes the notion of "substantive" rights. As the liberal law processor who first explained these concepts to me put it, substantive due process is, "an empty glass into which you poor your own ideas"; it is nothing but a tool to rewrite the Constitution.
There is no broad "right to choose" in the constitution, specifically not by way of the fictitious and dishonest notion of "substantive due process".
No, Roe vs Wade was primarily based on the right to privacy. The reason she was denied and abortion in the first place is because it was found that she was lying about being raped, and according to the supreme court, her sexual activity should be private.
Beyond that, the right to privacy was extended to protecting a woman's choice to have an abortion. This is where there is a gray area, since the time at which you define life is the main consideration with whether or not a person legally has a choice in the matter.
Justice Henry Blackmun said:
right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.
Though the case was rested primarily on the Due Process clause, the decision of the court was that a woman's privacy could not be limited without due process of the law, and she could choose to terminate a pregnancy. The court still conceded that the state had an interest in protecting life, but once again, this goes back to a question of the start of life, which is not a matter covered by the constitution, and honestly, I don't really think it should be.
Either way, there is another question it goes back to. Certainly the Constitution does not guarantee the right to abortion, but it does not give the states the right to prevent it either. So the question here is, how much control should the government have over your life and how much independence should you have?
Start of life is the issue in Roe V Wade where there is gray area or weakness. The constitutionality of the decision is not.
To the issue of due process, the court could not find significant basis for the Texas law, meaning it was just an arbitrary standard, therefore citizens were denied due process in the drafting of the law. In Section VII, the Court describes the interests that could be cited to justify criminalizing abortion:
an interest in discouraging women from engaging in "illicit sexual conduct", which interest would be undermined by making abortion widely available; an interest in reducing access to a risky medical procedure—which abortion could still be in the late stages of pregnancy, despite modern medical techniques such as antibiotics; and an interest in protecting prenatal life.
which is why it is still legal to make abortions illegal. One must simply observe due process and respect the privacy of the individual. Constitutionally sound. Good decision, maybe or maybe not.