The Joint Decision on Abortion in the Supreme Court - What's Next?

The majority's reasoning is really similar to what was in the leaked draft opinion that we broke down at some length when it was first leaked. It retains the reference to safe havenlw as if those laws and other developments in society have somehow solved sex discrimination and pregnancy discrimination, and therefore women no longer need control over their reproductive lives. There is the real piqe troledo invocation of justice ginsburg's criticisms of reverses wade. And there is the elevation of the legal test to determine what rights are fundamental and therefore protected by the constitution,. If they are not explicitly listed in the constitution, these rits must be deeply rooted in history and tradition.