Based on Alito’s originalist approach, the entire framework of our understanding of the...
Anti-abortion protesters rally at the U.S. Supreme Court. Now other culture war issues will become the focus of court action.overturning nearly a half-century of precedence with Roe v. Wade, it might be useful to discuss why the end of Roe may portend far more than the loss of women’s reproductive rights in half the states.
Justice Samuel Alito writes in the majority opinion for Dobbs: “We emphasize that our decision concerns the constitutional right to abortion and no other right. Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.”Alito can say what he wants, but the majority opinion suggests exactly the opposite.
Based on Alito’s originalist approach, the entire framework of our understanding of the right to privacy during the past six decades is now at risk of being declared unconstitutional. If you think that this is mere theory or conjecture, think again. Justice Clarence Thomas wrote in his concurring opinion that the Supreme Court should “correct the error” of rulings that currently protect the right to contraception, same-sex relationships and marriage equality.
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