Kyle Kulinksi is concerned that the right to do hardcore drugs, the right to engage in sodomy, the right to engage in prostitution, the right to contract a plural marriage, gay marriage or interracial marriage and perhaps even the right of young children to have vitally needed sex change operations is imperiled by the legal reasoning that Justice Alito is summoning to strike down Roe.
“Alito’s text-narrowed-by-tradition approach — if applied consistently — would seem to eliminate other rights that aren’t explicitly listed in the Bill of Rights, including the right to birth control and same-sex marriage. After all, neither marriage nor contraception is mentioned in the Constitution, and it’s exceedingly unlikely that a legal test that hews so closely to tradition would yield the answer that birth control or same-sex marriage was deeply rooted by the time of the 14th Amendment’s ratification in the late 19th century. This narrow method of understanding individual liberty authorizes a return to traditionalist, and perhaps even sectarian, modes of analysis — it all depends on how five justices understand our nation’s sense of “ordered liberty.” And laws once outlawed the use of birth control and same-sex marriage — Alito’s justification for denying that the right to reproductive autonomy is deeply rooted in tradition.
It would also almost certainly spell the end to any approach that takes account of broader societal or legal developments when deciding what is “constitutional.” Over the course of American history, mobilized citizens have achieved meaningful shifts in the meaning of “liberty” and “equality” — an important source of adaptations in our legal order, particularly when it is so hard to formally amend the Constitution. The court has, in the past, taken these shifts into account: One example of this type of text-and-principle approach can be found in decisions authored by Justice Anthony Kennedy, who had explicitly incorporated legal and political developments in Lawrence and Obergefell when he determined the scope of the 14th Amendment. But Alito’s draft would slam the door on that sort of rights jurisprudence. …”
Everything we have endured for so many years is like a cultural thunderstorm.
The root cause of all of this is the ascendance of the Left Modernist worldview which romanticizes individual autonomy and self-expression. Whether it is abortion or deracination or gay marriage or divorce or “trans” (your “true self” is different from your biological sex), it all stems from these underlying assumptions. We have been soaked by modernist and postmodernist degeneracy.
The answer to many prayers, tentatively. That the fake news lying war mongering hateful media are all freaked out is the icing on this cake! The good Catholic Biden gas lights by pivoting to talking about how gays, minorities etc., are threatened. Wont address what abortion is. They rarely do. That dismembering and poisoning to death capable of suffering already existing humans is something he believes is an extension of a “right to privacy”[ non existence in the Constitution] shows he’s an unprincipled manipulated gull.
“”…Over the course of American history, mobilized citizens have achieved meaningful shifts in the meaning of “liberty” and “equality” The court has, in the past, taken these shifts into account:…..””
Well, when MAGA Nazis racists and other evil people mobilizing hard enough, courts may take this horrific shift into account too Probably this is the main cause of Politico hysteria.
Maybe affirmative action, and many other programs that benefit protected minorities. I would love to see the pendulum swing back the other way towards sanity and morality.
Vice is on the table.
Vice being immoral or wicked behavior.
pornography, or drugs or gambling
They gotta go.
“Kyle Kulinksi is concerned that the right to do hardcore drugs, the right to engage in sodomy, the right to engage in prostitution, the right to contract a plural marriage, gay marriage or interracial marriage and perhaps even the right of young children to have vitally needed sex change operations is imperiled by the legal reasoning that Justice Alito is summoning to strike down Roe.”
For all of these reasons I’ve wondered why you have made a point of elevating the content of left libertarian swpls like Kyle or that nasty Krystal Ball and her brown sidekick.
These aren’t allies of White interests. They are libertarians criticizing the modern neoliberal order which has become unquestionably authoritarian (thus not libertarian), but their content is always front and center right beside liberal larry in regular commentary on topics du jour.
Libertarianism is anarchy, individualism taken to its logical conclusion, antithetical to our nature as social beasts and most of all, it’s gay and uninspiring as a worldview. For this reason alone these people should be summarily condemned by White Advocates as nihilist malefactors and ridiculed as much as possible.
Kyle has good takes on lots of issues, but is hopelessly lost at sea on culture.
At least right libertarians make some sort of sense, since the rugged individualism is the core of the mindset.
But left libertarians? They just come off as degenerates.
There are no such things as “rights”, only activities which are either allowed or not allowed. And no antiquated document written by lawyers who lived centuries ago can guarantee you anything.
The shitlibs have lost whatever credibility they might have had thanks to the recently concluded (?) Scamdemic, when those self-styled champions of personal freedom and dignity wanted the unvaxxed to be either coerced into submission or starved to death.
The rights that really need to be unravelled are the “private property rights” of the elites to own everything, charge rents for everything, rob, pillage and enslave the world. Everything else is a distraction until those “rights” are repealed.