Responding to Politico’s bombshell report containing a leaked first draft ruling from the Supreme Court that would, for all intents and purposes, throw out the historic 1973 Roe v Wade ruling that guaranteed a woman a right to have an abortion without excessive government restriction, CNN legal analyst Jeffrey Toobin said it could also have a far-reaching effect on other rights Americans take for granted.
Speaking with “New Day” hosts Brianna Keilar and John Berman, Toobin suggested that the current wording of Justice Sam Alito’s majority ruling draft will open the door to previous rulings based upon a presumption of privacy being contested if being tossed as well..
“The right that is described in Roe v. Wade, the basis is the right to privacy which is implicit, according to Roe v. Wade in several different constitutional provisions,” Toobin explained. “It’s the same right, the right to privacy, that the court recognized in saying states can’t ban married couples from buying birth control. It’s the same provision that they said states can’t ban consensual sodomy between people of the same sex, or different sexes there are certain regions of people’s lives that they may not legislate in.”
“This is a constitutional right,” he emphasized. “What Justice Alito’s draft opinion says is there’s no such thing as a right to privacy. So, abortion is not protected. Private sexual matters are not protected. Purchase of birth control is not protected by the Constitution. So that opinion is an invitation, not just for states to ban abortion, but for states to regulate an entirely new area that previously had been off-limits.”
He later added it could be taken out of the hands of state legislatures.
“There’s another point to make about this opinion,” the legal expert claimed. “The theme of the opinion is we’ll let the states decide. The other part that is implicit in that opinion is Congress, if Congress wanted to ban abortion tomorrow and the president wanted to sign it, I don’t see anything in that opinion draft opinion that would stop Congress from doing this.”
“So, the idea that, oh, well, this only affects the red states, that’s not true,” he elaborated. “This is an invitation, in 2025, if there’s a Republican House and Republican Senate and Republican President which is certainly more than possible, that Congress could ban abortion in the entire country. That’s invited in the opinion as well.”
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