Sunday, May 08, 2022

Overturning Roe v. Wade with reference to Washington v. Glucksberg, which depended on Roe v. Wade?

In the leaked draft opinion on Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito writes that Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) "must be overruled" because a right to abortion is not "implicitly protected by any constitutional provision, including [...] the Due Process Clause of the Fourteenth Amendment", which only guarantees rights unmentioned in the Constitution that are "deeply rooted in this Nation’s history and tradition” – a phrase from Washington v. Glucksberg (1997). But that ruling referred explicitly to both Roe and Casey when discussing that expression, so the logic seems circular here: overturning Roe with the support of a case whose decision depended on Roe. (Andrew Shields, #111words, 8 May 2022)


No comments: