The draft opinion by Justice Samuel Alito suggesting the Supreme Court might overturn Roe v. Wade is based on legal arguments that could have impacts far beyond abortion and lead to other laws and rights being eliminated.
"Long-term, I think this a blueprint for the Court to undo so many of the rights that we have obtained in the last 50 years like the access to consensual same-sex gay marriage, access to contraception," Luis Hoyos, a San Francisco attorney, said on Wednesday.
"Roe v. Wade was a 7 to 2 decision. Justice Harry Blackmun, who was appointed by Republican President Richard Nixon said privacy is a fundamental right under the constitution and laws that prohibit abortion infringe on women's right to privacy," Chemerinsky said. "I found it stunning that Justice Alito would say about a former justice, that the opinion was egregiously wrong and exceedingly poorly reasoned.
"Justice Alito's draft opinion says that a right should be protected by the Constitution only if it's stated in the text, was clearly part of the original meaning of the Constitution, or if there's a long tradition of protecting it. Well, there are so many rights that the courts protected that don't meet those criteria," said Chemerinsky."The right to marry," he said. "The right to procreate.
"This is not going to end the political fight over abortion," Chemerinsky. "In fact, it's going to intensify it. This isn't going to end states adopting laws. It's going to increase it.
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