Politico Symposium on Broader Implications of the Leaked Supreme Court Opinion Overruling Roe v. Wade
Politico has published an insta-symposium where various legal commentators discuss the issue of whether Justice Samuel Alito’s draft Supreme Court opinion overruling Roe v. Wade would also imperil other prominent precedents protecting individual rights, particularly those involving contraception, same-sex marriage, and anti-sodomy laws.
Contributors include co-blogger Josh Blackman, Prof. Mary Ann Case (University of Chicago), Prof. Mary Zeigler (Harvard), former US Attorney General Alberto Gonzales, and others. The contributions are divided between two different URLs. See here and here.
There is a wide range of views among the participants. Here is my contribution:
While such concerns [about the fate of same-sex marriage, contraception, and anti-sodomy laws] are understandable, they are overblown.
Alito’s draft opinion relies on precedent holding that the Due Process Clause of the Fourteenth Amendment only protects substantive rights that are ‘deeply rooted’ in history. It can be argued that these other rights also lack ‘deep’ roots. But Alito also emphasizes that Roe is “fundamentally different” from precedents involving “intimate sexual relations, contraception, and marriage,” because abortion arguably involves destruction of innocent “fetal life.” This crucial difference is the main reason why Roe continues to draw vastly more opposition than these other rulings.
In addition, decisions protecting same-sex marriage and intimate sexual relation
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