In a legal filing supporting Mississippi’s defense of its ban, the anti-abortion group Texas Right to Life had urged the justices to write an opinion that leaves decisions on same-sex marriage and intimacy “hanging by a thread.” They are, the group said, “as lawless as Roe.”Īlito sought to distinguish abortion from other rights because it, unlike the others, destroys what the Roe ruling called “potential life.” Wade, which the US Supreme Court has overturned - and why is it significant? The Roe ruling recognised that a right to personal privacy under the Constitution protects a woman’s ability to terminate her pregnancy.Ĭonservative critics of the substantive due process principle have said it improperly lets unelected justices make policy choices better left to elected legislators.įriday’s ruling came in a case involving a Mississippi law that banned abortions after 15 weeks of pregnancy.Įxplained | Explained: What is Roe v. Though substantive due process rights are not explicitly mentioned in the Constitution, they are linked to personal privacy, autonomy, dignity and equality.
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The right to use birth control, a married couple in the privacy of their bedroom.” “… The right to make the best decisions for your health. “I’ve warned about how this decision risks the broader right to privacy for everyone,” Biden said.
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President Joe Biden told Americans to brace for further threats to established rights from this court’s conservatives. In future cases, Thomas said, “we should reconsider all of this Court’s substantive due process precedents,” specifically mentioning the rulings protecting the rights to contraception, same-sex intimacy and gay marriage. Indeed, Thomas called on the court to toss those substantive due process precedents for good. “Think of someone telling you that the Jenga tower simply will not collapse,” the dissenting justices wrote, referring to a game involving precariously stacked wooden blocks. Read also | US Supreme Court strikes down abortion rights: Sad day for the country, says Biden slap on women’s face, says Pelosi