I guess at this point and time it is beginning to seem inevitable the U.S. Supreme Court will be taken over by far-rightwing conservatives. Bye-bye Roe v. Wade. And bye-bye alot of other things we have taken for granted for the past 40 years or so too, I guess.
But this leaves an interesting legal question. I remember hearing a while ago that the Australian province of Tasmania had a law criminalizing homosexual conduct. But instead of taking the matter to the Australian supreme court, someone instead took the matter to the UN. And they won. I know the UN’s Universal Declaration of Human Rights contains many rights not explicitly spelled out in the U.S. Bill of Rights and Constitution. Could the UN and the Universal Declaration of Human Rights take up the slack for people whose rights have been violated in a way not covered by a strict constructionalist view of our constitution (for the right to privacy, for example)?
It doesn’t seem to be working this way now. So I guess it would?/might? require a new treaty with the UN or something like that. But my question is, is it at legally least feasible?