Dissenting Liberals Sound The Alarm On The Floodgates Opened By Overturning Roe

[Nevilledog]

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https://talkingpointsmemo.com/news/liberal-dissent-overturn-roe-breyer-kagan-sotomayor

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“The Court’s precedents about bodily autonomy, sexual and familial relations, and procreation are all interwoven—all part of the fabric of our constitutional law, and because that is so, of our lives,” they write.

In other words: rights like same-sex marriage, privacy in same-sex relationships and access to contraception are next on the chopping block. Justice Clarence Thomas said as much in his concurrence, advocating outright for the Court to revisit and overturn those rights.

When the majority roots its nullification of abortion rights in the country’s earliest history and in the word “abortion” being absent from the Constitution, it’s difficult to see how those other rights survive within that framework. Same-sex marriage certainly wasn’t accepted in colonial days; the word “contraception” appears nowhere in the Constitution; the ratifiers of the 14th Amendment wouldn’t have accepted interracial marriage.

“Faced with all these connections between Roe/Casey and judicial decisions recognizing other constitutional rights, the majority tells everyone not to worry,” the dissenting liberal justices scoff. “It can (so it says) neatly extract the right to choose from the constitutional edifice without affecting any associated rights. (Think of someone telling you that the Jenga tower simply will not collapse.)”

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