The Supreme Court's decision to overturn Roe v. Wade could pave the way for states to restrict access to some contraceptives, two legal experts say.
, including Griswold v. Connecticut, a 1965 case that granted married couples the right to buy and use contraceptives. The majority opinion, however, said the decision should not call into question other precedents.In his opinion, Thomas expressed skepticism around the doctrine of substantive due process, which refers to the court's power to protect certain rights, even if they are not explicitly named in the Constitution. Contraception falls into that category.
So the court has plenty of leeway to interpret how the Constitution may have dealt with contraception access, she added. The more immediate question, however, is whether a case could be made that current bans on abortion also cover methods of contraception that prevent pregnancy after fertilization. "A legislature might proactively make clear that when they say abortion, they mean all devices that prevent implantation," Bridges said.Parmet she does not expect Griswold v. Connecticut to be challenged right away, nor does she expect widespread bans on birth control.
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