Experts say same-sex marriage, contraception, other privacy rights are at risk.
Democrats in Washington are scrambling to create new legislation that would protect the provisions of Roe v. Wade. ABC’s Andrew Dymburt reports.nearly 50 years of abortion rights precedent, Democrats and activists are sounding alarms that other rights not explicitly listed in the Constitution -- but long-considered protected as implied rights of privacy -- could be threatened next.
Justice Harry Blackmun described the constitutional underpinnings of that right when authoring the opinion:"This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy," the 1973...
Marc Spindelman, a professor at The Ohio State University Moritz College of Law, said it's because of Alito's reasoning -- appearing to reject court precedent and the right to privacy in favor of an originalist interpretation of the Constitution -- that puts other precedents, like the right to same-sex intimacy in Lawrence v. Texas in 2003 and same-sex marriage in Obergefell v. Hodges in 2015, at-risk, since those rights were also bound to the Fourteenth Amendment.
In deciding whether a right is protected, Alito said the court"has long asked whether the right is 'deeply rooted in [our] history and tradition' and whether it is essential to our Nation's 'scheme of ordered Liberty.'" In Alito's view, abortion does not meet that standard.
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