How Abortion Rights Could Change Under Trump’s Supreme Court | NYT News
there’s a lot of talk that the new Supreme Court one with two Trump justices on it might overturn Roe v Wade so the court can’t just wake up one morning and say we’re over ruling Roe v Wade I think supporters of abortion rights are right but they’re maybe not exactly right about how to be nervous what to be nervous about it’s a shorthand sure to say Roe v Wade to be overruled but that’s not the only or even the most likely outcome let me take you through the possible scenarios let’s call the first category the nuclear option these are the most extreme and therefore least likely scenarios the first one would flip roll on its head row says there’s a constitutional right to abortion the court could say that Constitution prohibits abortion in the interest of protecting fetal life that would suggest the fetal life is like any other life so that taking it away would be murder so it’s a cord where to go in that very unlikely Direction abortion would be outlawed across a nation and women could not get abortions in the United States illegally option would be away with the right to privacy established in the case called Griswold in 1965 private sector that right to privacy is the foundation for Roe v Wade if the right to privacy goes it would do away with the basis for Roe v Wade and therefore Roe v Wade itself and flipped the issue back to the states that allow states to regulate abortion they wish the right to privacy has been and could be the foundation of many rides so I don’t think it’s likely the court would go after the right to privacy a second possibility and the one I was talking about soda postro world you still have a right to privacy but that right to privacy does not include a constitutional right to abortion States would be free to do what they wanted in some advocacy groups 22 States could make abortion illegal entirely that’s probably not going to happen anytime soon she’s Justice John Roberts I think his first impulse is going to be let’s overrule Roe v Wade when there are other ways to get from here to most of the way there the last scenario in the most likely one is for the court to chip away at Roe v Wade the court is already upheld no restrictions on abortion abortion-rights are a perfectly imaginable scenario when we have a new Supreme Court hears how that could happen States cannot impose an undue burden on women’s right to abortion that’s a fairly malleable standard and it wouldn’t be hard for the report to keep it in place but interpreted slightly differently and say states can impose such restrictions a couple of years ago the court order case from Texas and had the courts to stay in the Texas law the number of clinics in Texas would have dropped from about 40 to about 10 and that could rapidly diminish the ability of women to get abortions because the nearest abortion clinic at a minimum could be hundreds of miles away it’s a little hard to answer exactly what life will look like in a given State because we’ll have a patchwork of but what’s for sure is that women in red States and particulate for women in red States will have a much harder time getting abortions as each successive abortion restriction is sustained by a court that now has a solid conservative majorityWill a Supreme Court with two Trump-appointed justices overrule the right to an abortion? It’s possible, but not the most likely outcome. Adam Liptak, The Times’s Supreme Court reporter, explains.
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