The constitutional provision the Supreme Court relied on to rule in 1973’s Roe v. Wade was also the basis for their decision in other major opinions. Could those be overturned as well?
the court should review other precedents, including its 2015 decision legalizing same-sex marriage, a 2003 decision striking down laws criminalizing gay sex and a 1965 decision declaring that married couples have a right to use contraception.The 14th Amendment was passed in 1868 and largely expanded due process rights of previously enslaved Americans.
States and the Department of Justice are waging court battles over the right to abortion that the Supreme Court outlined in Roe v. Wade. But in 1992, Planned Parenthood v. Casey, a key case that was less widely known, paved the way for some abortion restrictions - as long as they didn't meet the definition of an "undue burden." With help from Florida State law professor Mary Ziegler, we break it down in this LXplanation.Writing for the majority opinion in Roe v.
Second Trimester : Because the fetus is considered"viable" — can survive on its own outside the womb — states can prohibit abortion except in cases when the mother's life is at risk. Many abortion opponents insist that overturning Roe will not affect access to birth control or LGBTQ rights. Other factors could protect those rulings too: The Obergefell decision that legalized same-sex marriage was based on equal protection, and hundreds of thousands of couples have relied on it to wed and created legal bonds, like shared property, inheritance rights, a precedent that many courts would be loath to disturb.
Then there is Thomas' concurring opinion, which Sarah Warbelow, legal director for the pro-LGBTQ-rights Human Rights Campaign, called an invitation for “stirring up fringe organizations, fringe politicians who want to harm the LGBTQ community.”
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