Thursday, August 4, 2022

Parental Authority Gets a Boost From Dobbs - WSJ

Justice Alito followed the standard that Chief Justice William Rehnquist laid down in Washington v. Glucksberg (1997), which rejected a claim that the Constitution protects a right to physician-assisted suicide. Glucksberg held that the 14th Amendment’s Due Process Clause protects individual rights if and only if they are “deeply rooted in this nation’s history and tradition” and “implicit in the concept of ordered liberty.”

Unlike assisted suicide and abortion, parental rights fit squarely within the “deeply rooted” standard. The Supreme Court recognized that parents’ rights were constitutionally sacrosanct nearly a century ago, in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). Both decisions were written by Justice James McReynolds, and both dealt with a vast intrusion of government power into traditionally private matters driven by the World War I-era push for a domestic monoculture to serve the nation’s wartime exigencies.


| Permalink


Dear God, what a meal people make of the Constitution. It somewhere says that the people retain rights not mentioned in the document. Which rights might they be? The rights of British citizens residing in the colonies before independence and, presumably, any other rights added by the states before the Constitution was adopted.

What on earth is difficult about that? The point is that they RETAIN those rights, it's not giving carte blanche to conjure up new rights from emanations from penumbras.

Posted by: dearieme | Aug 5, 2022 5:10:42 AM

Post a comment