Saturday, December 4, 2021

History Of Legal Precedent And Greater Recognition Of Human Rights

The Dred Scott decision by the US Supreme Court is universally recognized as its worst because of its support of slavery. The Civil War and the 13th Amendment officially ended slavery and led to a period of "Reconstruction." However, such was resisted through Jim Crow Laws, which peaked with Plessy v. Ferguson legalizing "separate but equal" in 1896. It wasn't until 1954 that this Supreme Court case was overruled by Brown v. Board of Education. In 1973, the Roe v. Wade decision recognized the right of a woman to choose abortion up to the time of viability.

The only way women and minorities have gained recognition of their inherent rights is through court decisions actualizing the US Constitution and the use of the legal principle of precedent, which directs a court to look to past decisions for guidance on how to decide a case before it. The history of Supreme Court decisions has been a bumpy ride toward greater recognition of human rights. If Roe v. Wade is overturned, it would be another unfortunate case of a recognized human right being no longer so!

Regarding women's rights, it's more than time for the USA to wake up to the fact that the Republicans are attempting to continue a history that has been within the USA since its founding: stripping women of political and economic power.

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Choose how you look at reality wisely. Yes, it is a binary choice.

Choose how you look at reality wisely. Yes, it is a binary choice.
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