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Wade has failed to actually resolve conflict about abortion, and citizenry, lawmakers, and the courts themselves remain polarized and divided about abortion regulation. And he notes that abortion is clearly different from these other rulings because "Abortion destroys what those decisions call 'potential life' and what the law at issue in this case regards as the life of an 'unborn human being.'"įurthermore, his opinion leans heavily on the fact that Roe v. That's the context of the Obergefell reference. In the context of the opinion, Alito is noting that those who are defending abortion rights are doing so by turning to more recent precedents because older precedents prior to Roe v. I think the fears are somewhat misguided. It may be logical to believe that Alito is saying that gay marriage is also potentially in danger because it cannot claim to be "deeply rooted in history." There are several fearful analysis pieces today suggesting LGBT-friendly Supreme Court decisions are threatened.
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He references Obergefell at one point in the opinion and adds, "These attempts to justify abortion through appeals to a broader right to autonomy and to define one's 'concept of existence' prove too much.… Those criteria, at a high level of generality, could license fundamental rights to illicit drug use, prostitution, and the like.… None of these rights has any claim to being deeply rooted in history." Alito, after all, dissented in the Obergefell case. Neither does gay marriage or recognition of gay rights, so it's natural to think that Alito might want to extend this argument further. And while the Supreme Court does set precedents that acknowledge unenumerated rights the courts had not previously recognized, Alito argues that such rights have a long history of being "deeply rooted in this Nation's history and tradition." Thus, abortion does not fall into this category, according to Alito's opinion. He states that America did not (until this decision) have a history of treating abortion as a right it had frequently criminalized it throughout history. Who agrees with Alito's decision may matter seeing as the text of Alito's argument leans heavily on a claim that Roe v. When I say "leading to questions" here, I actually mean " somewhat panicky quick-hit analyses." To start with some clarity, while Alito's draft is authentic, we do not yet know whether other conservative justices have signed on to support this version. Texas, the 2003 decision that overruled state-level sodomy laws and essentially recognized a right to sexual autonomy and privacy among consenting adults? Hodges, the 2015 decision that made same-sex marriage recognition the law of the land? Would a conservative court go so far as to toss out Lawrence v. Will a heavily conservative Supreme Court rethink Obergefell v. Jackson Women's Health Organization Monday, is leading to questions about whether other well-known court precedents are at stake, particularly on LGBT issues. Wade (1973) is set to be overturned, based on a leak of Justice Samuel Alito's draft opinion of Dobbs v.