The Supreme Court’s decision to overturn Roe v. Wade has implications for legal readings of constitutional clauses regarding commerce and due process, among other topics.
—I’m not at all confident that they would say, “Yes, Congress has the authority to codify Roe or the right to an abortion.”
Did anything in the concurring opinions by Roberts and Kavanaugh strike you as notable for abortion law going forward, or abortion cases that liberals could have some faith in winning? I don’t think the dissenters really offered a theory on how they would bring back Roe on alternative grounds. They defended Roe on its existing basis. Namely, it falls within an unenumerated right to privacy.
What did you make of the dissent focussing on a right to abortion, rather than a broader conception of reproductive freedom?
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