The Supreme Court's Opportunity to Restore Unsung Rights
Sep 23, 2023
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Exploring the 14th Amendment's privileges or immunities clause and its connection to the Civil Rights Act. The Supreme Court's limitation on the rights of the 14th Amendment and its impact on special needs children. The lack of economic liberty in the Constitution regarding desired professions. The conflict between the right to work and government regulations. The impact of licensing regimes on individuals providing respite care to parents.
The Supreme Court has the opportunity to rectify a previous mistake by restoring the privileges or immunities clause of the 14th Amendment.
The case being considered by the Supreme Court can protect the rights of individuals trying to earn a living and ensure equal opportunities.
Deep dives
The Supreme Court's opportunity to rectify a longstanding error
The Supreme Court has the chance to correct a mistake made in the past regarding the privileges or immunities clause of the 14th Amendment. This clause, which was intended to protect fundamental rights, has been minimized by previous court rulings. However, a new case being considered by the Supreme Court has the potential to not only allow one woman to pursue her vocational calling but also protect the rights of all Americans trying to earn an honest living.
The case of Ursula Newell Davis and the denial of her preferred profession
Ursula Newell Davis, a mother and social worker, desired to provide care for special needs children in order to assist parents who needed a break or needed to attend to work or errands. However, the state denied her the opportunity to pursue this profession, claiming that she was not needed. The state's justification behind this denial was that regulating too many people would be burdensome. Despite her qualifications and willingness to abide by health and safety regulations, Ursula was prevented from even applying for a license. This case presents an important opportunity for the Supreme Court to address the issue of economic rights and restore the privileges or immunities clause to its intended purpose.
The Supreme Court long ago erred in gutting a key provision of the 14th Amendment. Anastasia Boden says a case the court could take up this term gives them an opportunity to repair that mistake.