Daily Shaarli

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March 15, 2022

Tradition And Stare Decisis Are More Reasons To Reverse Roe v. Wade

Roe should be overruled. Almost no one believes it was rightly decided. Instead, the parties defending the case rely almost entirely on stare decisis, the judicial doctrine holding that judicial constancy is better than judicial correctness.

Yet Roe and later abortion cases are not just wrong, but egregiously so. Roe has thwarted the democratic process and made blood sport of judicial confirmations. It has proven hopelessly unworkable. Fifty years of legal and factual development have further demonstrated how wrong Roe is. Stare decisis should be no barrier to overruling Roe. //

Rather than deferring to the “bank and capital” of prior judicial reasoning, Burke identified five criteria needed for precedent “to have the qualities fit to render them of full authority in law”: [1] numerous; [2] concurrent and not contradictory and mutually destructive; [3] made in good and constitutional times; [4] not made to serve an occasion; and [5] agreeable to the general tenor of legal principles. //

Roe flunks at least three of Burke’s five-part test. First, American abortion law is contradictory. Roe relied on a trimester framework. Casey overruled this framework (along with several other of the Supreme Court’s abortion cases) and substituted the novel undue burden standard. Then, the Supreme Court came to opposite results in two nearly identical partial-birth abortion cases. Today, the lower courts cannot agree on what the undue burden standard even is.

Second, Roe was not decided in “good and constitutional times.” For 50 years, the Supreme Court has flitted from one constitutional rationale to another, unable to find the right to an abortion anywhere in the Constitution. Justice Ruth Bader Ginsburg called the decision “difficult to justify” and Justice Elena Kagan describes such former judicial endeavors as “policy-oriented” with judges “pretending to be congressmen.”

Third, Roe is not “agreeable to the general tenor of legal principles,” but departs from those principles at every turn. It is flatly inconsistent with the Supreme Court’s substantive due process precedents. It arrogates the judicial over the legislative. And it makes a mess of every area of law it touches.

The Supreme Court has limited its ability to discover extra-constitutional rights since the days of Roe. For a liberty interest to be protected by the Fourteenth Amendment, it must be “deeply rooted” in our nation’s “history and tradition.” No such right to abortion exists.

The Ukraine Crisis Is A Wake-up Call For Taiwan And Japan

The Ukraine crisis has brought unconscionable suffering to the Ukrainian people, and it revealed some of the harm authoritarian regimes can cause. If there is one positive outcome of this crisis, Taiwan and Japan have begun to take China’s military threat seriously. The steps they are taking to strengthen their defense may keep the peace in the region by deterring China from launching military strikes against Taiwan.

Russia’s disinformation machinery breaks down in wake of Ukraine invasion | Ars Technica

Nothing can make up for the senseless loss of life and homes, but if there is anything to celebrate alongside the dogged determination of the Ukrainians in holding the Russian army back, it is this: Putin has himself put to rest the idea that he is some kind of infallible genius. After many decades spent building up his influence, he has entirely destroyed his credibility with politicians, business, and the broader public. In the end, Putin has achieved what no one thought possible: a Ukraine defiant, a West united, and a Russia humbled.

A brief tour of the PDP-11, the most influential minicomputer of all time | Ars Technica

It helped popularize the interactive computing paradigm we take for granted today.

The history of computing could arguably be divided into three eras: that of mainframes, minicomputers, and microcomputers. Minicomputers provided an important bridge between the first mainframes and the ubiquitous micros of today. This is the story of the PDP-11, the most influential and successful minicomputer ever.

When a seismic network failed, citizen science stepped in | Ars Technica

With Haiti's seismic network down, Raspberry Shakes came through in a quake.