A half-century before Roe v. Wade, the Supreme Court ruled that family life is off limits from government interference. Could that case provide a way to protect both IVF and abortion?
The justices of the U.S. Supreme Court in 1923. In a 1923 case, the court ruled that “substantive due process" precludes states from interfering in certain categories of decisions that belong to families and parents. | Library of CongressKimberly Wehle is a professor of law at the University of Baltimore.
The Alabama ruling set off a firestorm of conservative backtracking on the ruling, which was the inevitable fallout of the U.S. Supreme Court’s reversal of abortion rights in. The reasons for this reaction run deep: The Alabama ruling pits the conservative ideal of promoting the traditional family unit against the ideology of protecting unborn human life at conception irrespective of the pregnant mother’s competing interests.
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