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Then, in 2015, a landmark case saw same-sex marriage legalised in all 50 states.Īt the heart of that decision? The right to personal privacy. Gay sex remained illegal in some places until 2003 when the court found Texas sodomy laws to be unconstitutional. The Supreme Court has slowly extended the concept of what basic rights fall under this umbrella for decades. Legal scholars have argued that America's founding document recognises that every citizen is entitled to a life that is beyond the reach of the government. The source of America's right to privacy comes from a rule that bans the US government from quartering soldiers in private houses without the consent of the home owner. Neither do multiple other "implied" rights: The privacy to access contraception, or to have sex with or marry whoever you chose, no matter what race or gender they might be.Īccording to Justice Alito, abortion rights fundamentally differ from other previous rulings that involve "intimate sexual relations, contraception and marriage".īut given his proposed judgement shreds the logic those decisions were based on, it's likely that concept will be tested in court in the future. He also says abortion doesn't meet that standard because it was "entirely unknown in American law" until the latter part of the 20th century. He says if a right is not spelled out in black and white, such as the right to bear arms or freedom of the press, then it is only implied when "deeply rooted in this nation's history and tradition". Justice Alito's draft seems to argue for a more literal and less liberal interpretation. Roe v Wade is built on an implied constitutional right to privacy. "Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion," he writes.īut several legal scholars say that despite Justice Alito's qualifications, his reasoning could easily be applied to a range of other hard-won rights. It is, however, narrowly focused on reproductive rights. His writing is peppered with attacks on the reasoning of his 1970s predecessors, labelling their decision "egregiously wrong" and their arguments "exceptionally weak". ( Reuters: Evelyn Hockstein)īut Justice Alito's wording throughout the sprawling text is unusually aggressive. + Upcoming: Jacob Durham at JETSETMEN.The Supreme Court draft opinion would throw out the landmark Roe v Wade abortion rights ruling that has stood for a half century.
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