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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. States and the Department of Justice are waging court battles over the right to abortion that the Supreme Court outlined in Roe v. Obergefell, moreover, relies on the Constitution's Equal Protection Clause as well as the right to privacy. It stands in contrast to abortion, which is usually "a response to unplanned circumstances," Collett said. Thomas School of Law and director of its Prolife Center.Ĭourts are usually loath to undo that kind of precedent. Obergefell is different from Roe in that hundreds of thousands of same-sex couples have relied on it to wed and created legal bonds, like shared property, inheritance rights and “settled expectations about the future,” said Teresa Collett, a professor at the University of St. “Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.” “We emphasize that our decision concerns the constitutional right to abortion and no other right,” the draft states. Hodges, which legalized gay marriage, are based at least in part on that same right to privacy.Īlito, in the draft opinion, explicitly states that the court is only targeting the right to abortion, not those other matters. Texas, which struck down sodomy laws criminalizing same-sex intimacy, and Obergefell v. Connecticut, which said that a right to privacy exists that bars states from interfering in married couples’ right to buy and use contraceptives.Ĭases like Lawrence v.
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The president said he believed the conservative justices on today’s court would, like failed Supreme Court nominee Robert Bork in 1987, disagree with the court’s ruling in Griswold v. “If the rationale of the decision as released were to be sustained, a whole range of rights are in question… it goes far beyond the concern of whether or not there is the right to choose.” Wade was published by Politico late Monday. President Joe Biden spoke Tuesday after a leaked Supreme Court draft opinion threatening to overturn Roe v.