Little doubt remains about what the Supreme Court plans to do with Roe v. Wade,. But uncertainty abounds about ripple effects as the court nears a final opinion expected to overturn the landmark 1973 case that created a nationwide right to abortion.
“This is about a lot more than abortion,” President Joe Biden warned Wednesday, saying the court’s draft opinion could jeopardize same-sex marriage, access to contraception and LGBTQ rights.“What are the next things that are going to be attacked? Because this MAGA crowd is really the most extreme political organization that’s existed in recent American history,” Biden said.
The draft opinion, written by Justice Samuel Alito, a member of the court’s 6-3 conservative majority, argues that unenumerated constitutional rights — those not explicitly mentioned in the document — must be “deeply rooted in the Nation’s history and traditions." And it says abortion doesn’t meet that standard.Biden and others are sounding alarms that the same logic could be used to toss out other protections.
Alito, in the draft opinion, explicitly states that the court is only targeting the right to abortion, not those other matters. Obergefell, moreover, relies on the Constitution's Equal Protection Clause as well as the right to privacy. Until now, the court has allowed states to regulate but not ban abortion before the point of viability, around 24 weeks. The court’s three liberal justices appeared certain to be in dissent.
Against that backdrop, the draft opinion, if finalized, could “send up a flare” to conservative activists, said Sharon McGowan, legal director at Lambda Legal.
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