this post was submitted on 10 Oct 2024
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US Authoritarianism
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This is absolutely where they are going with this. In case nobody knows, this is the line of cases That decided issues of interracial sex in marriage, sodomy, pornography, abortion, and eventually the right to homosexual marriage.
Obviously, although it need not be said in the document itself because it's so fucking obvious, it's inconceivable to any rational person that a constitution which restricts the state from warrantless searches and seizures and be secure in our papers and affects, forbids quartering troops in our homes, protects our right to say what we think, and somehow it is allowed to make your family planning and sexual intimacy decisions. The Supreme Court decided all these things based on this concept, which is called Penumbral Reasoning, for those rights that arise not from the Constitution itself, but which is protected as falling within its penumbra.
And guess what, there are conservative judges that are already clamoring that the Fourth Amendment only protects your property, meaning that if you rent your home or have a mortgage on it, or a lease on your automobile, you don't have Fourth Amendment rights. They're coming for them all.