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4 years ago
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Posted On: May 11th 2022, 10:34 pm
What's the best way from a libertarian perspective to think about abortion rights and Supreme Court Associate Justice Samuel Alito's arguments for overturning Roe v. Wade and Planned Parenthood v. Casey? Reason’s @gillespienick spoke with constitutional scholar Josh Blackman, a professor at South Texas College of Law Houston, an adjunct scholar at the @catoinstitute, and a blogger at The Volokh Conspiracy.

Blackman is an unabashed admirer of Alito's draft, writing that it "meticulously dissects, and forcefully responds to, every conceivable position in favor of retaining Roe and Casey.” Nick is not convinced of that. In a wide-ranging conversation about the history of abortion, the changing nature of the Supreme Court, federalism, and partisan politics, the two dive deep into whether returning decisions about abortion to the states will increase or decrease individual liberty.

Listen to Nick’s full interview at Reason.com and watch excerpts on YouTube and Rumble at ReasonTV.

🎨: Lex Villena

#liberty #bodilyautonomy #abortion #alito #federalism #reproductivefreedom #history #RBG
Comments (34)
californialibertyproject 4 years ago

californialibertyproject

It’s pretty simple; it’s the Tenth Amendment. It’s federalism, one of the key principles our constitutional republic was founded on. The National Government — and certainly the judiciary — has no jurisdiction to set abortion policy for all 50 different and disparate states.

senator_raines 4 years ago

senator_raines

To me the reversal of the decision is a win for the country and government by the people as a whole. This shouldnt be a federal issue it is best decided locally as it is such a polarizing issue and half the country does not believe it to be an individual right/liberty. And i dont see how the country will 100% agree on it ever so this is honestly best case scenario and another reason why federalism should be desired instead of court precedents overruling all laws federally

daniellevinci 4 years ago

daniellevinci

This clip does not even begin to address the constitutionality of abortion. A “right to privacy” is found in the prenumbras or ‘zones’ created by specific guarantees of several amendments in the Bill of Rights, including the First, Third, Fourth and Ninth, respectively.

lesmarathonlife 4 years ago

lesmarathonlife

Is the law against murder an infringement on liberty?

ballmeister123 4 years ago

ballmeister123

Problem with Reason is that they seemingly want to make every issue a federal issue despite the track record of the US federal government.

ron_st_john 4 years ago

ron_st_john

When you consider it in the context of other privacy rights cases (sodomy, birth control, interracial marriage), and get past the emotion of whether a nonviable fetus has a right to life even as against an unwilling mother, then to find this zone if individual autonomy in the Fifth, Ninth, and Fourteenth Amendments is a libertarian manifesto.

tate_in_theory 4 years ago

tate_in_theory

Do the states have every individuals voting citizens best interest in mind where they get to choose what’s best for them

zackfroning 4 years ago

zackfroning

The movement against abortion was not caused by Roe and Casey, it was caused by republican strategists seeing that segregation was a losing cause and needing to pick up a new rallying cry. The Moral Majority was created to harness a largely untapped base and turn it into a reliable political machine

jopel09 4 years ago

jopel09

The vastly increased number of kids who’ll get the chance to even comprehend the concept of liberty makes this a net plus

reasonmagazine 4 years ago

reasonmagazine

#ReasonWithUs: Does returning decisions about abortions to the states increase liberty or shrink it?

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