'Poor women and teenagers again will face the cruel choice between an unsafe abortion or an unwanted child,' writes Erwin Chemerinsky
Women in these states who want abortions and have money will travel to places where abortion is legal. But poor women and teenagers again will face the cruel choice between an unsafe abortion or an unwanted child.will be enormous.
But by that reasoning, countless other Supreme Court decisions protecting basic aspects of privacy and autonomy were wrongly decided as well. For example, it was not until 1965, in, that the Court held that the Constitution protects a right to purchase and use contraceptives. It, too, is not a right in the text of the Constitution or contemplated when the document was ratified or that was historically protected.
Likewise, the Court has protected the right to procreate, the right to custody of one’s children, the right to keep the family together, the right of parents to control the upbringing of their children, the right of competent adults to refuse medical care, and the right of consenting adults to engage in same-sex sexual activity under the liberty of the due process clause. These rights, too, cannot be justified under the Court’s approach in Justice Alito’s draft opinion.
Simply put, the Court’s pulling out the thread of abortion rights threatens to unravel a fabric of rights that has been protected for decades. These are fundamental aspects of liberty that warrant constitutional protection.is not going to end the debate or the intense political controversy over abortion. Quite the contrary, it will intensify it as it will become the dominant issue in countless elections for Congress, for state legislatures, for city councils, and for judgeships.
Throughout American history, the Court has celebrated the importance of following precedent because it provides predictability and stability in the law. From Justice Alito’s opinion it is clear that five justices are about to overrulebecause they disagree with it. The implications for the future of constitutional law, and for the Court’s legitimacy, are potentially enormous.
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