If Roe v. Wade is overturned, what other protections could be at risk?
LOUISVILLE, Ky. (WAVE) - Pro-choice protestors turned out in Downtown Louisville Wednesday afternoon, marching in defense of abortion rights. They’re protesting a leaked draft Supreme Court opinion that could overturn Roe v. Wade.
Many are worried that if that happens and abortion rights are taken away in many states, other rights could be in jeopardy.
What could actually be at risk, assuming this decision goes through?
Sam Marcosson, law professor at UofL, said it all comes down to Justice Samuel Alito’s take on your right to privacy.
“If those very ideas and approach to reading the constitution are inappropriate in the abortion context, it’s hard to see why they wouldn’t similarly be vulnerable in contraceptive use,” Marcosson said.
It’s not just contraceptives. That right to privacy was instrumental in striking down laws that made same-sex sexual relations illegal.
Marcosson can also see the possibility of states restricting a woman’s ability to travel out of state for an abortion.
Missouri is just one that considered the idea already this year.
“A lot of times what these laws seem to be doing is saying if you assist a woman leaving state X to get an abortion, whatever that state happens to be, then you can be sued,” Marcosson said.
As far as when any of this could happen, Marcosson doesn’t think it would be anytime soon.
“It would certainly be a number of years after Roe, or after Dobbs [v. Jackson Women’s Health Organization] if that was decided,” he said. “It’s hard to say. It would have to be a situation where a state prosecutor for example decided that they were going to try to revive an old law and arrest somebody and prosecute them for selling, or using contraceptives.”
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