(December 20, 2022 at 11:21 pm)Jehanne Wrote:(December 20, 2022 at 10:20 pm)Thumpalumpacus Wrote: I do, seeing as how they've determined that abortion itself is not Constitutionally protected, and six of them slant against the practice on personal/religious grounds.
Given the outcome of the Civil War, has there ever been a case of a state suppressing an individual right granted by federal law?
You're shifting goalposts here. If the SCOTUS says a Federal law is unconstitutional, it does not apply to any state at all. Any law passed by Congress is subject to SCOTUS review, and if it's struck down by SCOTUS, no state at all is subject to that law. So Congress can pass a law protecting abortion rights or gay marriage or whatever, and if SCOTUS strikes it down, it applies to zero-point-zero states.
But to answer your question directly, the 14th Amendment guaranteed equal protection under the law for all American citizens. Ask Jim Crow how that worked out for the next century. Or ask the Nisei who were incarcerated in WWII, American citizens imprisoned for being of Japanese descent.
So yes, there are historical examples of states and/or the Federal government itself suppressing individual rights that are technically guaranteed in the Constitution.
