I guess if you’re going to bring this up again, I’ll repost my old refutations of it.
Gomez didn’t hold that illegitimate children had a right to child support. There’s no such thing as a constitutional right to child support; Gomez didn’t hold that there was. It held that illegitimate children couldn’t be treated differently from legitimate children unless the government could demonstrate an important state interest, and show that the law was substantially related to achieving that interest. In other words, they have a right to equal protection of the laws. The fact that it had to do with child support is tangiental; the same law applies if Texas wants to make illegitimate children attend segregated schools, use different water fountains, etc.
Neither the state nor the dissenting justices argued that the Texas law was valid because the duty of child support arose from the marriage contract in Gomez; rather, the state argued that it should be excused from having to provide for illegitimate children in its laws becasue of the complex factual questions that inevitiably arise surrounding parentage. The dissenting justices argued that the case should have been dismissed on jurisdictional grounds and didn’t reach the merits.
Gomez wasn’t an anomaly of a sneaky Court; quite the opposite. It was firmly in line with precedent. The Court had previously ruled that Equal Protection prevents the invidious discrimination against illegitimate children in bringing wrongful death cases, Levy v. Louisiana, 391 U.S. 68 (1968), and state worker’s compensation claims, Weber v. Aetna Casualty & Surety Co., 406 U.S. 164 (1972). It would go on to similar decisions concerning government benefits, Social Security Claims, etc. However, even if none of the above were true, it still wouldn’t explain how the decision in Gomez undermines Roe, or why none of the post-Roe cases of the last 30 years addresses this conflict.
So basically, the OP posits:
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The Supreme Court conspired to delay the Gomez decision because
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It would have undermined their decision in Roe.
They didn’t, and it doesn’t. First, both decisions were 7-2, but it wasn’t the same 7 and the same 2. White and Rehnquist dissented in Roe; Stewart and Rehnquist dissented in Gomez. This means White would have been inexplicably participating in a conspiracy to protect a decision with which he dissented, and Stewart refused to do so. Only Rehnquist remained firm, although he inexplicably failed to ever mention the conspiracy in dissent in Gomez. This makes the moon hoax look plausible by comparison.
Secondly, just because one perceives an apparent conflict in the law doesn’t mean there is one. Me, for example, I think that the fact that you can vote or die in a war at 18 but you can’t drink a beer until you’re 21 is stupid and the laws are conflicting. That’s not a legal argument, however, and if I tried to take it to court couched in those terms it would get dismissed so fast I’d get the dizzies. They seem to be in conflict and offend my sense of equity but actually deal with different areas of the law, different state and federal issues, etc.
It’s the same with Roe and Gomez. They may offend your sense of fairness, but legally, they aren’t in conflict. They deal with different areas of the law. Any constitutional scholar and any constitutional law hornbook will tell you the same thing. At least six lawyers posting to this thread [note: refers to original thread] are telling you the same thing, and they aren’t in the habit of agreeing with each other. Rather, they are paid to do the opposite, and having to all be in agreement irritates them like an hour they can’t bill. It has nothing to do with ideology. Those two decisions just plain deal with different areas of the law.