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Here are the things of partially examined life episode 306.

Part three we had finished, I think, pretty thoroughly the work in article and we're

going to just discuss more about the DOM's decision itself, I think in particular we should

focus on the descent, but yeah, where do you guys want to start?

Why don't I give a brief summary of the majority opinion and then we can move on to what we

think key parts of the descent are.

So the majority lays this out in a few different points.

The first one is the consultation makes no express reference to write to abortion.

They don't like the idea that previous decisions that's kind of given a textual home and various

amendments, including the first, fourth, fifth, ninth, 14th.

KC in particular said it was protected by the 14th amendment due process clause and also

by the equal protection clause.

Second objection is that it's not rooted in the nation's history and tradition, so it's

not essential to order liberty and so not part of the 14th amendment.

So this is really the substance of the majority's view, which is that if you want to say an

unannumerated right, something that's not explicitly mentioned in the constitution falls

under the 14th, then you'd better be able to show it's part of the nation's tradition

and history.

Yeah, do we have an example of something that is unannumerated yet is a part of the nation's

tradition and history and has been affirmed by past cases to be so?

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