“This raises grave questions about the Court’s willingness to respect other important precedents, like Roe v. Wade,' said the president of the Lawyers’ Committee for Civil Rights Under Law.
The Supreme Court overturned a 40-year-old precedent on Monday in a split 5-4 ruling that legal experts said did not bode well for the future of other well established cases like Roe v. Wade.
In the past year, at least 15 states have introduced legislation to seriously limit abortion access. Last week, Georgia Governor Brian Kemp signed one of the most restrictive anti-abortion bills in the country, which bans the procedure after a fetal heartbeat is detected. A fetal heartbeat can be detected as early as six weeks, before many women know they are pregnant.
The decision drew notable criticism from the other side of the bench, with Justice Stephen Breyer warning in a dissent that the move “can only cause one to wonder which cases the Court will overrule next.” Though Harvard Law professor Laurence Tribe argued that while Breyer was right to challenge the majority’s reasoning in this decision, he wouldn’t “lightly assume that the chief justice, for instance, would be as willing to overrule the abortion precedents as he was willing to upend the interstate sovereign immunity precedent set by Nevada v. Hall.”
“Especially noteworthy about the decision today was the majority’s explicit concession that its new ruling was based on nothing in the Constitution’s text but on general inferences from the constitutional design, structure and history,” Tribe said.
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