'Unless the court is going to repudiate all of the other privacy rights, it is impossible to deny that laws prohibiting abortion also intrude on a woman's liberty.'
was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue,Every aspect of this statement is wrong. The reasoning of Roe, a 7-2 decision that was repeatedly reaffirmed by the court, was not weak. For decades before Roe, the Supreme Court held that the liberty of the due process clause protected fundamental aspects of privacy and autonomy.
Of course, there is a debate over how the fetus should be regarded and whether a state's desire to protect fetal life justifies infringing a woman's right to privacy. Justice Harry Blackmun's opinion in Roe explained that there is no scientific or medical way to answer the question of when human life begins and therefore until viability—the time at which the fetus can survive outside the womb—it is left to each woman to decide whether to terminate a pregnancy or have an abortion.
There is nothing about this reasoning that is weak. Alito speaks of the damaging consequences. But who is he or the conservative majority to decide what is best for women? Briefs filed in the court include many women, including prominent athletes, describing their choice to have an abortion and why they made that decision without regret.
As I read Alito's reference to"damaging consequences," I think of the women who became pregnant by rape or incest who would have been forced to continue their pregnancy and give birth under the laws that existed before Roethat inflamed the national debate over abortion. There was a debate about abortion before Roe, as the first states legalized abortion.
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