In one line, abortion ruling raises concerns about other rights – JP
Kermit Roosevelt, a University of Pennsylvania law professor, said that smattering of opinions clouded the scope of Friday’s opinion.
“With respect to abortion, it’s pretty clear. But with respect to other unenumerated rights, it’s somewhat less clear,” Roosevelt said. “Thomas is giving you one version of that. And Kavanaugh is giving you another.”
Still, Roosevelt said Alito’s underlying analysis may imperil cases undergirding the rights to same-sex marriage and contraception. Under Alito’s analysis, “all of these cases that people are concerned about, they’re wrong. Now, that doesn’t mean that they’re going to be overruled,” Roosevelt said.
Getting a case to the Supreme Court requires an appellate process as well as four justices to agree to hear a case. However, Suter pointed out that several sitting justices, including Alito and Thomas and Chief Justice John G. Roberts Jr., were among dissenters in the 2015 decision in Obergefell v. Hodges that established a constitutional right to same-sex marriage.
And Suter pointed out there is already a movement among religious conservatives, accepted by the court in the 2014 majority opinion in Burwell v. Hobby Lobby, to identify certain forms of birth control as “abortifacients.”