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Put simply, he is cherry-picking “ the most restrictive history as the main backdrop for his opinion” to further particular ideological goals. Instead, he selectively turns to common-law tradition from the mid-nineteenth century, when the Fourteenth Amendment was ratified. These include rights that are enumerated or explicitly protected in the Bill of Rights, like the right to religious freedom as well as some rights that are not enumerated, but are still so “ fundamental” that “ neither liberty nor justice would exist if they were sacrificed.”Īlito goes on to say that the right to an abortion is not “fundamental” because it is not protected in the Constitution or “rooted in history.” Alito’s claim about history is strange because the Roe Court found that abortion rights actually did exist at the time of the nation’s founding and that abortion “was never established as a common-law crime.” Basically, as legal scholar Bernadette Meyler writes, Alito is ignoring the earlier history from the eighteenth century that the Roe Court weighed. Abortion rights are rooted in the Fourteenth Amendment, which protects a wide swath of civil rights and liberties. This ruling was later upheld in the 1991 case Planned Parenthood v. Wade established a constitutional right to abortion. What does that mean? Where do we go from here? Here’s what you need to know. The opinion suggests that the conservatives who currently control the Supreme Court may be open to a larger-scale rollback of civil liberties anchored in the right to privacy. Jackson Women’s Health Organization opinion signaling that the Supreme Court will likely soon overrule Roe v.
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īy now, you’ve probably heard about the leaked Dobbs v.
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