A Kentucky woman Friday filed an emergency class-action lawsuit, asking a Jefferson County judge to allow her to terminate her pregnancy. It’s the first lawsuit of its kind in Kentucky since the state banned nearly all abortions in 2022 and one of the only times nationwide since before Roe v. Wade in 1973 that an adult woman has asked a court to intervene on her behalf and allow her to get an abortion.
It’s not a poorly-written amendment unless you ignore the context of the Articles of Confederation, which is where the phrase ‘well-regulated militia’ came from and in which it was explicitly defined:
That was unambiguously what ‘well-regulated militia’ meant when the Constitution was drafted, and was its intended meaning. That context has been lost and/or deliberately obscured in recent years – specifically since the 2008 Heller decision that reinterpreted the 2A to ignore that context and how grammar works in order to include the rights of individuals.
Most people today are fine with that reinterpretation (or are simply unaware it happened), but my point is a core amendment was reinterpreted recently in much the same way you’ve been arguing against.
Why was it fine for the 2A but bodily autonomy is a bridge too far?