.levinsonjessica: The attack on reproductive choice isn’t the end of the assault on our freedom.
One can imagine a scenario in which a woman has chosen to engage in unprotected sexual intercourse on the assumption that an abortion will be available to her later. But when this Court announces the overruling of Roe, that individual can simply change her behavior in response to the Court’s decision if she no longer wants to take the risk of an unwanted pregnancy.
Women might also need to avoid having a wanted pregnancy that could create a medical emergency for themselves if Roe is overturned and states decide not to create exceptions for those situations. Mitchell didn't mention it, but women should also avoid being raped or the victims of incest, because there areSuddenly this all feels so easy: Let’s just change our behavior, other people’s criminal behavior and the realities of fetal and maternal health.
Mitchell’s complaint about Lawrence, Obergefell and Roe is, in part, that they’re based on judges, well, judging. The problem with cases that provide a constitutionally protected right for women to obtain abortions or for same-sex couples to marry, according to this view, is that the Constitution does not specifically grant those rights.
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