The First Amendment.
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What’s the provision of the text that grants these “rights to women” of which you speak?
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Replying to @jennifer_spreng @EdWhelanEPPC
What's the line in 1A that justifies Citizens United, speechnow, Janus et al?
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Replying to @AndresFreundPol @EdWhelanEPPC
Not in the least. You just don’t understand the law and made that clear.
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Replying to @jennifer_spreng @EdWhelanEPPC
I didn't say that there was no 1A hook, just that it was tangential and not directly inferrable from the text. There's certainly more direct hooks for anti-gerrymandering etc rules. And imo it's roughly on a level to the Roe hook.
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Replying to @AndresFreundPol @EdWhelanEPPC
Good, you have named a textual basis for the First Amendment decisions. Scour Roe v. Wade, and you will not find one for the abortion right. That won’t be a matter of anyone’s opinion; it will be a matter of fact.
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Replying to @jennifer_spreng @EdWhelanEPPC
»Appellant would discover this right in the concept of personal "liberty" embodied in the Fourteenth Amendment's Due Process Clause;"« - yes, that's not what the opinion was finally used. But it's at least as convincing as the 1A reliance in cases mentioned above.
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And the whole personal liberty concept out of the 14th isn't extremely convincing, but it's not insane either.
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