Today, Explained Is abortion in the Constitution?
May 13, 2022
Kenji Yoshino, an esteemed NYU constitutional law professor known for his expertise in unenumerated rights, dives into the complexities of abortion as a constitutional issue. He discusses how the concept of unenumerated rights affects not just abortion, but also same-sex marriage and contraception. The potential fallout from recent Supreme Court opinions raises crucial questions about the protection of these rights. Yoshino highlights the need for modern interpretations while emphasizing the historical context that informs current debates on individual liberties.
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Unenumerated Rights
- The Constitution contains unenumerated rights not explicitly mentioned in the text.
- Examples include the right to vote, marry, and travel between states.
Right to Travel
- The right to travel across state lines, like from New York to New Jersey, is an unenumerated right.
- The Supreme Court has upheld this right despite its lack of explicit mention in the Constitution.
The Ninth Amendment
- The Ninth Amendment acknowledges the existence of unenumerated rights.
- It states that listing specific rights doesn't diminish other rights retained by the people.