re: #148 Patricia Kayden

States don’t have the right to enforce unconstitutional rights. If they did, we’d still have Jim Crow and bans on interracial marriages.

There’s an argument from the other end that if a right is not one spelled out in the Constitution, then it effectively doesn’t exist or only exists within whatever framework established by the government. That that right may be restricted or banned in whatever way the government in power allows.

I mean, I’m just putting out there the most likely argument, which is “states rights.” For all we know, the Roberts Court could lose their damned minds and hand down a “personhood” ruling stating that a fetus is a person in the eyes of the law.