What other cases are impacted by Roe v Wade: SCOTUS latest

Judge Samuel Alito’s reasoning for the Roe v Wade crackdown could spell a bleak future for gay marriage and contraception.

WASHINGTON — EDITOR’S NOTE: The US Supreme Court ruled in Roe v. Wade in a Opinion of June 24th. This story was originally published on May 12, 2022. The information in this story is based on the draft statement shared with Politico in May.

On Monday, Politico released a draft of the apparent majority opinion of Supreme Court Justice Samuel Alito who ruled Roe v. Wade overturned the landmark case that legalized abortion in 1973. Chief Justice John Roberts confirmed the draft’s authenticity on Tuesday afternoon.

The basis for Roe, as well as a number of other cases, rests on the idea of ​​a constitutionally provided right to privacy implied by the protection of the rights to life, liberty and property and the due process clause in the 14th Amendment.

But in his leaked draft, Alito said the court erred at the time when it claimed abortion rights were in the constitution. Some experts say its wording leaves the door open to a reassessment of other important privacy right cases.

THE QUESTION

Like Roe v Wade, what other Supreme Court decisions are based on implied rights?

OUR SOURCES

WHAT WE FOUND

A key point in Alito’s draft opinion is that the right of access to an abortion is not an implicit constitutional right because it “is not deeply rooted in the nation’s history and traditions.” Robert Peck said this justification opens a debate about implied rights in a historical context.

“There’s an interesting philosophical decision embodied in this opinion, and that’s the extent to which rights are implied by the Constitution,” Peck said. “Then the question becomes, is there any basis to say that there is an implicit right permitting abortion? And Alito says no, under the common law, in our history, abortion has always been illegal, so there’s no way to do it. Well, that’s a close approximation of freedom.”

Some judges in the past believed that implied rights evolved as the country and world evolved, Peck explained. For example, freedom of speech and freedom of the press were written in connection with the right to use a printing press. Now those rights have evolved to include freedom of expression in the way we all connect today: the internet.

RELATED: VERIFY: How does the Supreme Court drop a case like Roe v. Wade up?

In recent decades, the implicit right to privacy and due process have been the basis for a number of important Supreme Court decisions, including: Obergefell v. Hodges, the case that legalized gay marriage in 2015; love v Virginia, the case that legalized interracial marriage in 1967; and Lawrence V. Texas, which legalized same-sex sexual activity in 2003.

In Peck’s view, this Alito draft doesn’t necessarily open the door to lifting these cases, but it does set out a roadmap for using similar logic for states to pursue these decisions should they choose to do so.

“While the Opinion does not completely erase the right to privacy, it does suggest that it is not as sweeping as previous precedents have treated,” Peck said. “It’s basically an invitation to those who oppose these decisions to go back to the Supreme Court, frame your arguments as the opinion was framed in this case, and then see if you can get the same result.”

However, Alito pauses to say so directly. In his draft, he argues that the issue of abortion is “crucially different from all other rights which this court has found to fall within the Fourteenth Amendment’s protection of liberty.”

If the majority opinion in Dobbs v. Jackson Women’s Health Organization as of the writing of this draft, it won’t be the first time the court has broken precedent. However, Hopkins explained it was a shift in the opposite direction from what we are used to seeing.

“The Supreme Court has reversed precedent and course in the past, but most of these cases have been about expanding or upholding the rights of individuals,” Hopkins said. “Here … it would be one of the first times they would reverse a precedent that would strip individuals of their constitutional rights.”

The official opinion in the Dobbs v. Jackson Women’s Health Organization case is expected to be released before the end of the June hearing.


https://www.fox43.com/article/news/verify/alito-roe-v-wade-draft-14th-amendment-supreme-court-abortion-gay-marriage-fact-check-2022/65-d0376a37-ad3a-49c7-9389-b0534571fd76 What other cases are impacted by Roe v Wade: SCOTUS latest

Alley Einstein

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