# The Supreme Court isn't done: Watch and see a lot of individual rights fall

**URL:** <https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843>\
**Category:** Politics & Elections\
**Tags:** roe\_vs\_wade\_abortion\
**Created:** [June 25, 2022, 3:08pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843 "2022-06-25T15:08:10Z")\
**Posts on this page:** 20\
**Page:** 7

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**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\
**Post date:** [June 29, 2022, 2:50pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/121 "2022-06-29T14:50:32Z")

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In that case, you know it’s only a matter of time before:

“I never thought the leopards would let _my_ daughter die from an ectopic pregnancy,” says person who voted for the leopards-taking-away-reproductive-choice party.

(And they’ll blame Biden.)

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [June 29, 2022, 3:04pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/122 "2022-06-29T15:04:40Z")

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There shouldn’t be anything surprising about that situation.

Even before this week, Alabama doctors refused to treat any woman who showed signs of miscarriage, because they’re afraid of being implicated under Alabama’s harsh anti-abortion laws.

> **[Doctors in Alabama Already Turn Away Miscarrying Patients. This Will Be Our...](https://slate.com/news-and-politics/2022/05/roe-dobbs-abortion-ban-reproductive-medicine-alabama.html)**
>
> The state constitution already bans abortion. It’s a disaster for reproductive health care.

Just recently, an American vacationing in Malta–which has Europe’s strictest anti-abortion law–nearly died when she miscarried. She managed to fly to Spain for treatment before bleeding to death.

> **[How this American on vacation survived after Malta denied her a life-saving...](https://www.nbcnews.com/news/us-news/american-vacation-survived-malta-denied-life-saving-abortion-rcna35837)**
>
> American Andrea Prudente was a denied a life-saving abortion while on vacation in Malta. She flew to Spain and received care on the day Roe was overturned.

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**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\
**Post date:** [June 29, 2022, 3:07pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/123 "2022-06-29T15:07:16Z")

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> [@Acsenray](#):
>
> Even before this week, Alabama doctors refused to treat any woman who showed signs of miscarriage, because they’re afraid of being implicated under Alabama’s harsh anti-abortion laws.

I also wonder if fertility clinics in these states will shut down, since the new laws will apparently require that _all_ fetuses conceived via IVF must be carried to term. (Or, most likely, carried until they all die.)

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [June 29, 2022, 3:24pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/124 "2022-06-29T15:24:21Z")

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Oh, absolutely. There is already a movement objecting to the “culling” of unused embryos. The entire fertility service will be at risk in those states.

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**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\
**Post date:** [June 29, 2022, 3:52pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/125 "2022-06-29T15:52:23Z")

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> [@Akaj](#):
>
> So let me see if I have this straight. AFAIK, coronary bypass surgery is also not a fundamental right under the U.S. Constitution. If Illinois banned coronary bypasses and I died needing one, the legal remedy would be “tough shit”?

> [@Acsenray](#):
>
> That is correct.

The legal grounds for challenging this would be an arbitrary interference with a right to life that did not serve any compelling government interest. I expect suits on similar grounds against any law forbidding termination of a non-viable life threatening pregnancy.

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [June 29, 2022, 4:04pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/126 "2022-06-29T16:04:51Z")

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> [@Lumpy](#):
>
> The legal grounds for challenging this would be an arbitrary interference with a right to life that did not serve any compelling government interest. I expect suits on similar grounds against any law forbidding termination of a non-viable life threatening pregnancy.

There is no such general right to a specific medical procedure. The government needs only a rational reason to prohibit it, and that reason doesn’t even have to be factually sound. That’s why there is any regulation of drugs and medical procedures at all.

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [June 29, 2022, 7:27pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/127 "2022-06-29T19:27:06Z")

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They just undercut their own 2020 case:

> **[U.S. Supreme Court expands state power over Native American tribes](https://www.reuters.com/world/us/us-supreme-court-expands-state-power-over-tribes-win-oklahoma-2022-06-29/)**
>
> The U.S. Supreme Court on Wednesday dramatically increased the power of states over Native American tribes and undercut its own 2020 ruling that had expanded tribal authority in Oklahoma, handing a victory to Republican officials in that state.

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**Author:** ![not\_what\_you\_d\_expect](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/not_what_you_d_expect/32/3246_2.png) [@not\_what\_you\_d\_expect](https://boards.straightdope.com/u/not_what_you_d_expect)\
**Post date:** [June 29, 2022, 7:32pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/128 "2022-06-29T19:32:45Z")

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Supreme Court allows Louisiana to use congressional map that lower court said likely violates Voting Rights Act

> **[Supreme Court allows Louisiana to use congressional map that lower court said...](https://www.cnn.com/2022/06/28/politics/louisiana-congressional-map-supreme-court/index.html)**
>
> The Supreme Court on Tuesday allowed a congressional map in Louisiana to remain in place for the next election, freezing a lower court ruling that said the map likely violates the Voting Rights Act by diluting the power of Black voters.

This court has run amok.

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**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\
**Post date:** [June 29, 2022, 7:35pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/129 "2022-06-29T19:35:56Z")

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> [@Akaj](#):
>
> When a woman in Kansas (or another state that’s banned all abortions regardless of the health of the mother) dies from complications of an ectopic pregnancy that should have been terminated, will her family be able to successfully sue the state?

We hold these truths to be self-evident, that **all men** are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are **Life** , Liberty and the pursuit of Happiness.

SCOTUS has a loophole.

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**Author:** ![Pavelb1](https://avatars.discourse-cdn.com/v4/letter/p/439d5e/32.png) [@Pavelb1](https://boards.straightdope.com/u/Pavelb1)\
**Post date:** [June 29, 2022, 8:14pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/130 "2022-06-29T20:14:35Z")

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DOI isn’t legally binding.

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**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\
**Post date:** [June 30, 2022, 4:56am UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/131 "2022-06-30T04:56:35Z")

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> [@Chronos](#):
>
> He’s only establishing a religion when he uses his authority over others to induce them to worship.

There was no Establishment Clause violation in Mr. Kennedy’s actions. From the Court:

“But in this case Mr. Kennedy’s private religious exercise did not come close to crossing any line one  
might imagine separating protected private expression from impermissible government coercion.  
Begin with the District’s own contemporaneous description of the facts. In its correspondence with Mr. Kennedy, the District never raised coercion concerns. To the contrary, the District conceded in a public 2015 document that there was “no evidence that students [were] directly coerced to pray with Kennedy.” App. 105. This is consistent with Mr. Kennedy’s account too. He has repeatedly stated that  
he “never coerced, required, or asked any student to pray,”  
and that he never “told any student that it was important that they participate in any religious activity.” Id., at 170.”

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [June 30, 2022, 12:33pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/132 "2022-06-30T12:33:56Z")

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Yes, we know that the court claims that there was no Establishment Clause violation. The court is wrong, because quite plainly, there was. All that remains to be determined is whether they got this clear and obvious point wrong through incompetence, or through lies.

Do you really for one moment think that they would have reached the same decision if the praying coach were any religion other than Christian?

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [June 30, 2022, 1:37pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/133 "2022-06-30T13:37:57Z")

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Probably no surprise here:

Full Title: **Attorney General Ken Paxton says he will defend Texas sodomy law if Supreme Court revisits Lawrence vs. Texas**

> **[Ken Paxton says he will defend Texas' defunct sodomy law if Supreme Court...](https://www.chron.com/politics/article/Texas-abortion-ken-paxton-sodomy-law-gay-marriage-17271966.php)**
>
> 'My job is to defend state law and I'll continue to do that,' Paxton said during a Friday...

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [June 30, 2022, 2:00pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/134 "2022-06-30T14:00:17Z")

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Justice Sotomayor noted in her dissent:

> To the degree the court portrays petitioner Joseph Kennedy’s prayers as private and quiet, it misconstrues the facts. The record reveals that Kennedy had a long-standing practice of conducting demonstrative prayers on the 50-yard line of the football field. Kennedy consistently invited others to join his prayers and for years led student-athletes in prayer at the same time and location. The court ignores this history. The court also ignores the severe disruption to school events caused by Kennedy’s conduct.

And:

> “The record before the Court bears this out. The District Court found, in the evidentiary record, that some students reported joining Kennedy’s prayer because they felt social pressure to follow their coach and teammates,” she wrote. “Kennedy told the District that he began his prayers alone and that players followed each other over time until a majority of the team joined him, an evolution showing coercive pressure at work.” [SOURCE](https://www.washingtonpost.com/politics/2022/06/29/gorsuch-sotomayor-praying-coach/)

IIRC Sotomayor even included photos of the prayer sessions in her dissent which, I have read (somewhere), is almost unheard of.

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**Author:** ![Chefguy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chefguy/32/138_2.png) [@Chefguy](https://boards.straightdope.com/u/Chefguy)\
**Post date:** [June 30, 2022, 2:16pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/135 "2022-06-30T14:16:48Z")

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More paternalistic bullshit when it comes to tribal rights. If the state starts stepping in it will lead to head-butting between state and federal prosecutors about whose turf a crime belongs to, and the fed is likely to just take a hands off stance after awhile. That’s not going to be good news for Indian folk, who have worked long and hard to obtain their sovereignty.

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**Author:** ![ISiddiqui](https://avatars.discourse-cdn.com/v4/letter/i/97f17d/32.png) [@ISiddiqui](https://boards.straightdope.com/u/ISiddiqui)\
**Post date:** [June 30, 2022, 3:25pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/136 "2022-06-30T15:25:23Z")

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> [@Whack-a-Mole](#):
>
> They just undercut their own 2020 case:
> 
> [https://www.reuters.com/world/us/us-supreme-court-expands-state-power-over-tribes-win-oklahoma-2022-06-29/](https://www.reuters.com/world/us/us-supreme-court-expands-state-power-over-tribes-win-oklahoma-2022-06-29/)

The reason, of course, is because Ginsburg was replaced by Barrett so the 5-4 went the other way. I am sure Barrett would have ruled for Oklahoma in _McGirt v. Oklahama_.

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**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\
**Post date:** [June 30, 2022, 3:44pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/137 "2022-06-30T15:44:20Z")

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And here….we….go: Supreme Court [to decide on state legislators power over election.](https://www.npr.org/2022/06/30/1106866830/supreme-court-to-take-on-controversial-election-law-case)

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [June 30, 2022, 4:05pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/138 "2022-06-30T16:05:23Z")

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We’re so fucked.

As a middle-aged white guy I will probably be fine but this country is really screwed.

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**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\
**Post date:** [June 30, 2022, 4:15pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/139 "2022-06-30T16:15:24Z")

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Also Supreme Court: [Let’s just forget about climate change too, ok?](https://www.nbcnews.com/news/amp/rcna31904)

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**Author:** ![Dr.Drake](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Dr.Drake](https://boards.straightdope.com/u/Dr.Drake)\
**Post date:** [June 30, 2022, 4:26pm UTC](https://boards.straightdope.com/t/the-supreme-court-isnt-done-watch-and-see-a-lot-of-individual-rights-fall/966843/140 "2022-06-30T16:26:52Z")

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> [@Chefguy](#):
>
> who have worked long and hard to obtain their sovereignty.

I would say “to have their sovereignty recognized by the USA,” as otherwise, what’s to stop, say, the South from obtaining sovereignty?

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