Professor Alan Morrison of George Washington University School of Law. (Courtesy pboto) Can the Equal Protection Clause Preserve Some Rights if Abortion Rights Are Gone?
Although the leaked opinion also debunked equal protection as a basis for protecting abortions, that approach has a much stronger basis for protecting the other rights that may also come under attack.
May 24, 2022 at 05:11 PM
6 minute read
Commentary
Assuming the leaked opinion in Dobbs v. Jackson Women's Health Organization becomes final, what other rights besides abortion will no longer be constitutionally protected? Justice Samuel Alito's opinion acknowledged that the defenders of Roe v. Wade argued that protecting the right to abortion was similar to protecting "intimate sexual relations, contraception, and marriage." Nevertheless, he found them to be "fundamentally different," because abortions take the life of what Mississippi refers to as an "unborn human being," or because the argument overlooks what Alito concluded is "distinctive about abortion: its effect on what Roe termed 'potential life.'"
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