It doesn't pull any punches when it comes to the abortion right."Īlito's opinion resembles his dissent in the court's same-sex marriage ruling in which he said the 14th Amendment's due process promise protects only rights deeply rooted in America's history and tradition. "And it is beyond dispute that the right to same-sex marriage is not among those rights," Alito wrote in his 2015 dissent. Some conservative commentators have suggested that Alito has provided a road map for future attempts to eliminate other guaranteed liberties.
Other legal scholars doubt that there is either a willingness on the court or in legislatures to eliminate other rights. "On interracial marriage, contraception and same-sex marriage, for one reason or another there is no likelihood the court is going to revisit those decisions," Northwestern University law professor John McGinnis said. The fact that Americans have relied on the same-sex marriage decision to plan and invest in their lives and relationships makes it unlikely that the justices will overturn it, McGinnis said. And no state legislature is going to get rid of interracial marriage." McGinnis added, "No state legislature is going to get rid of contraception. George Mason University constitutional law professor Ilya Somin said Alito's ruling could make it unlikely the court would recognise due process protections in new areas such as transgender rights. "But on the whole its effect on due process rights is likely to be minor," Somin said.You are about to enter a website that contains explicit material (pornography).
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