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His reasoning was exceptionally weak and the ruling had dire consequences,” Alito wrote in the draft, adding that Roe and a 1992 ruling that reaffirmed him only did “deepen the division” in society.Īccording to Alito, the abortion right recognized in Roe must be struck down because it is not valid under the Constitution’s 14th Amendment due process rights.Ībortion is among a number of fundamental rights that the court has recognized over many decades at least in part as so-called “substantial” procedural freedoms, including contraception in 1965, interracial marriage in 1967 and gay marriage in 2015.Īlthough these rights are not explicitly mentioned in the Constitution, they are related to privacy, autonomy, dignity and equality. See also Negotiating with Putin like dealing with a crocodile: British Prime Minister Boris Johnson The Roe decision, one of the most significant and controversial court decisions of the 20th century, recognized that the right to privacy under the US Constitution protects a woman’s ability to terminate her pregnancy. The court upheld the authenticity of the leaked project but called it preliminary. The court’s 6-3 conservative majority, including Alito, grew increasingly assertive on a range of issues. “The low hanging fruit is contraception, probably starting with emergency contraception, and same-sex marriage is also a low hanging fruit in that it was very recently recognized by the Supreme Court,” he said. of law at the University of Texas, expert in health care. The project’s legal reasoning, if adopted by the court when it issues its final ruling by the end of June, could threaten other rights that Americans take for granted in their personal lives, according to professor Elizabeth Sepper. Wade of 1973 which legalized the procedure nationwide. The draft ruling, disclosed in a leak that prompted Chief Justice John Roberts on Tuesday to launch an investigation, would uphold a Mississippi law banning abortions after 15 weeks of pregnancy and overturn Roe v. Supreme Court Justice Samuel Alito’s proposed opinion that would end recognition of a constitutional right to abortion could jeopardize other marriage freedoms, sexuality and family life, including birth control and same-sex marriages, according to legal experts.