OBERLIN, Ohio -- Abortion opponents long have likened Roe v. Wade to the awful rulings in Dred Scott v. Sandford and Plessy v. Ferguson, 19th-century cases that upheld slavery and segregation.
Now they are saying that the problem with all those decisions is that they relied on the legal theory known as substantive due process. For example, Ohio Supreme Court Justice Patrick Fischer made this point in a campaign speech last month.
There was plenty wrong with Dred Scott and Plessy, but it is a stretch to call them substantive due process decisions. That theory was unknown before the 20th century, and it became synonymous with rulings that used unenumerated rights such as freedom of contract to strike down worker protections like minimum wages and maximum hours.
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August 14, 2022 at 04:36PM
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Likening ruling that toppled Roe, abortion right, to reasoning in Dred Scott, Plessy a stretch: Jonathan L. E - cleveland.com
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