of anyone’s views on abortion, the Supreme Court’s
decision in Dobbs
took away a reproductive right that a half-century of hard-fought
judicial precedent had determined was constitutionally protected.
doing so, the court set a dangerous precedent — that a person’s
rights can be taken away.
was a triumph of politics and ideology over constitutional
principles. It diminished the power and equality of women, along with
transgender men and non-binary people, to make informed decisions
about their own bodies without fear of government intrusion.
opinion itself fails as an application of long-standing
constitutional law. The justices arbitrarily discarded precedents
they opposed, like Roe
Parenthood v. Casey,
threatening the role of precedent in ensuring legal stability.
selectively reasoned in Dobbs
abortion law should be left to the states, but conveniently did not
grant that same level of deference when they declared a New York law
for limiting concealed weapons.
is hardly the first time that the ideologies of Supreme Court
justices have shaped their decisions.
constitutional law scholar Erwin Chemerinsky noted in his June 24 Los
“From the 1890s until 1936, the court had a very conservative
majority and declared unconstitutional over 200 federal, state, and
local laws protecting workers and consumers.”
Warren court famously overturned Plessy
with its Brown
v. Board of Education
decision, thus ending discriminatory “separate but equal”
laws. But unlike Dobbs,
the court in Brown
precedent to expand
rights, not take them away.
of people across the country are already experiencing the
ramifications of Dobbs
Republican-controlled states systemically outlaw reproductive rights.
states, most in the Midwest and South, are expected to ban or
severely restrict access to abortion.
this strange, post-Roe
America, accessing guns and controlling women’s bodies take
priority over health care, housing, paid leave, and other rights
needed to truly protect a “right to life.”
worse, the Dobbs
decision that overturned Roe
could signal a rollback
of the fundamental right to privacy.
right protects the use of contraceptives under Griswold
and same-sex marriage under Obergefell
among other protections. Although the Dobbs
opinion ostensibly applied to abortion, this would not stop the
current or a future court from reconsidering these precedents as
of Americans support keeping abortion legal, according to Gallup and
other polls. Gallup also found
in 2021 that only 25 percent of the American public have confidence
in the Supreme Court — the lowest approval rating in history
for the court’s nine unelected, lifetime members.
also shares blame. Democrats were quick to fundraise on the abortion
issue for upcoming elections but they have not prioritized
reproductive rights in the past. Meanwhile, Republicans are imposing
conservative religious views on a country founded on the separation
of church and state.
Supreme Court may have the power to interpret the Constitution, but
it is not above it. Congress has the authority to place a much-needed
check on an increasingly unbalanced court such as by imposing term
adopting an ethics
justices to ensure accountability.
end of Roe
also foster a larger discussion on the imperfections of our political
system and the dire need for greater democracy. These structural
cracks transcend any individual Supreme Court decision or president.
Constitution begins with “We the People of the United States,”
because we are ultimately responsible for realizing its promise. A
right that can be revoked isn’t a right. It takes the sustained
action of people to attain that more perfect and just union.
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