Over the past week, we’ve heard from a lot of right-wing politicians and media figures claiming that the overturn of Roe v. Wade is actually good for America, and that the left is jumping to ridiculous conclusions by considering what might be next on the proverbial slippery slope.
For instance, we’ve seen Ben Shapiro insisting that this decision won’t endanger same-sex marriage protections, or interracial marriage protections (although he personally believes the former should get the same treatment).
There are already laws being considered to ban forms of birth control, and GOP Senate Leader Mitch McConnell has already started talking about a Federal abortion ban, but according to folks with inside experience of hos the Supreme Court works, this could go much further.
Watch below as Neal Katyal, Supreme Court lawyer and legal analyst, explains how Roe became what a superprecedent, and how overturning it opens the door to overturn other SCOTUS decisions that have long been treated as settled issues.
“This is a radical draft opinion…Roe was a 7-2 decision, it's been the law for 49 years, five of those Justices in the majority were appointed by Republican presidents and this just tosses all of that.” @neal_katyal on the leaked SCOTUS draft opinion on abortion #SundayShow pic.twitter.com/XFL0NDulD1
— The Sunday Show with Jonathan Capehart (@TheSundayShow) May 8, 2022
“Roe vs. Wade is kind of the superprecedent of superprecedents, because in 1992, Republican justices came together on the Supreme Court — O’Conner, Souter, and Kennedy — and they said, look, Roe’s controversial, maybe it’s right, maybe it’s wrong, but it has been the law of the land for more than twenty years, at that point, and social expectations have crystallized around it, and the court’s legitimacy would suffer massively if we tried to overrule it. That’s where this Supreme Court started. They started with Roe vs. Wade, the hardest decision. So if you can overrule Roe, you can overrule anything.”
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Steph Bazzle reports on social issues and religion for Hill Reporter. She focuses on stories that speak to everyone's right to practice what they believe in and receive the support of their communities and government officials. You can reach her at Steph@HillReporter.com