Jean-Pierre: SCOTUS Overturn of Roe is Unconstitutional

[Ocelot II]

8. Jean-Pierre is a very bright woman but obviously she never attended law school.

If she had, she would have learned early in her first year, upon reading Marbury v. Madison, that, like it or not, SCOTUS decides what is and is not constitutional. In 1965, in Griswold v. Connecticut, they concluded that a general right to privacy is found in the “penumbras,” or zones, created by the specific guarantees of several amendments in the Bill of Rights, including the First, Third, Fourth, and Ninth Amendments. Later cases, including Roe and Obergefell, relied on that interpretation to hold that that penumbral constitutional right to privacy also protected abortion and same sex marriage, but in Dobbs they overruled Roe, rejecting the notion that there are unexpressed penumbral rights in the Constitution. This means that the right to an abortion is not protected by the Constitution, because SCOTUS says so.

The remedy is to protect abortion rights by federal statute, appoint new justices who will someday overrule Dobbs, or hope that they overrule Marbury.