Kara Dansky, attorney and author of The Abolition of Sex: How the ‘Transgender’ Agenda Harms Women and Girls (2021), discusses Sarah Weddington, the architect of Roe v. Wade, who argued the case before the Supreme Court using the Due Process Clause of the 14th Amendment that guarantees Americans privacy. Addressing the leaked US Supreme Court draft opinion written by Justice Samuel Alito which indicates that the Supreme Court has voted to overturn the landmark decision, Dansky details possible strategies for American women to regain the right to abortion. The 1973 decision of Roe v. Wade guaranteed federal constitutional protections of abortion rights and was buttressed by a subsequent 1992 decision, Planned Parenthood v. Casey 505 U.S. 833 that largely maintained this right. Dansky analyses the various legal and constitutional avenues that would fare better than Roe v. Wade while outlining the dangers for women and girls for the impending overturn of this Supreme Court decision. Explaining how the late Justice Ruther Bader Ginsberg, principal author of the brief that carried Reed v. Reed 404 U.S. 71 (1971), argued that women were discriminated against under the Equal Protection Clause of the 14th Amendment, Dansky posits that the Equal Protection Clause would have granted women stronger federal constitutional protections of abortion rights over the Due Process Clause employed by Weddington.
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