'Human rights crisis': Legal experts say bombshell SCOTUS abortion opinion will be 'foundation for overturning LGBT rights'
Legal experts are responding to the bombshell news from Politico, which reports the U.S. Supreme Court has voted to fully overturn Roe v. Wade, the landmark 1973 ruling that found a right to abortion in the U.S. Constitution. The Court has not released its opinion.
Politico has published what it reports is the first draft of the opinion, written by Justice Samuel Alito. A leak from the Supreme Court of this magnitude is unprecedented.
“This opinion says states can criminalize abortion, with no rape or incest exception,” writes Neal Katyal, law professor, Supreme Court lawyer, and a former US Acting Solicitor General. It is exactly the hardline position I’ve been saying the Court is going to impose for the last 3 years. It will set women back in profound ways. Congress must act ASAP.”
Law professor Yuvraj Joshi almost mocks Justice Alito, pointing out that in the draft opinion he says other rights like same-sex marriage and even same-sex sex should not be affected by this ruling killing abortion, while mentioning those specific rulings:
The Deputy National Political Director of the ACLU and the Director of its Justice Division makes clear the US now has a “human rights crisis.” He also states he expects the opinion will become the “foundation for overturning LGBT rights, the right to contraception, and more.”
Reading the leaked decision makes it clear that this is about so much more than overturning Roe, which in-and-of-itself is a human rights crisis. This decision is written in a way that will become the foundation for overturning LGBT rights, the right to contraception, and more.pic.twitter.com/R88J1bH7fB— Udi Ofer (@Udi Ofer) 1651541925
Slate’s Mark Joseph Stern appears to agree:
Alito's draft opinion explicitly criticizes Lawrence v. Texas (legalizing sodomy) and Obergefell v. Hodges (legalizing same-sex marriage). He says that, like abortion, these decisions protect phony rights that are not "deeply rooted in history." https://www.politico.com/f/?id=00000180-874f-dd36-a38c-c74f98520000\u00a0\u2026pic.twitter.com/urF7A02INU— Mark Joseph Stern (@Mark Joseph Stern) 1651540249
Law professor and political scientist Anthony Michael Kreis suggests same-sex sex is also on the table:
The more I read the draft, the more it is apparent that the Court is a half step away from letting states criminalize same-sex sexual intimacy.— Anthony Michael Kreis (@Anthony Michael Kreis) 1651540808
Former Associate White House Counsel Ian Bassin, now the founder and Executive Director of Protect Democracy reminds that just this morning The Washington Post reported the GOP is planning to pass a federal law making abortion illegal nationwide.
In light of tonight's news, go back and read this morning's.\n\nAs SCOTUS prepares to overturn Roe, they claim it's so states can decide. But as @CAKitchener reported this am, the GOP is planning to not let that happen by imposing a national ban. Overturning Roe is just step one.https://twitter.com/CAKitchener/status/1521133768760778752\u00a0\u2026— Ian Bassin \ud83c\uddfa\ud83c\udde6 (@Ian Bassin \ud83c\uddfa\ud83c\udde6) 1651541046
- Sponsor of Idaho's horrific anti-abortion bill admits that providers can ... ›
- Corporate America steps up to fight for abortion access — after ... ›
- Abortion bans are a precursor to criminalizing pregnancy - Alternet.org ›
- What just happened? And what comes next? - Alternet.org ›
- 'My uterus has a question': Ted Cruz harangued for hypocritical reaction to leaked Supreme Court ruling - Alternet.org ›
- Cue the 'pearl-clutching': Lisa Murkowski reaps her vote to confirm Amy Coney Barrett to the Supreme Court - Alternet.org ›