They are the most fiercely polarizing issues in American life: abortion and guns.
he said the decision returned to Americans the power to “govern themselves at the state level in a manner consistent with their values and aspirations.”
“I understand how it might look hypocritical, but from the perspective of the conservative majority on the court, it’s a consistent approach to both cases,” said Richard Albert, law professor at the University of Texas at Austin. “I’m not saying it’s correct, by the way, but from their perspective it is completely consistent and coherent.”
To assess what rights the Constitution confers, originalists hone in on what the texts meant when they were written. “Not only was there no support for such a constitutional right until shortly before Roe, but abortion had long been a crime in every single state,” Alito wrote. Many are likely to view the rulings as the direct result of Trump’s appointments and the justices' determination to carry out his agenda, making the court “more of an institution of politics than it is of law,” McDonald said.
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