But this right cannot be found in the text, the original meaning, or tradition. Hodges, that the Court protected a constitutional right to marry striking down laws prohibiting interracial marriage in the former case and laws forbidding same-sex marriage in the latter. Read More: Republican States Crack Down on Access to Abortion Pills as Supreme Court Decision Looms Under Justice Alito’s reasoning, those laws too would be constitutional. I expect that after Roe is overruled some states will quickly pass laws prohibiting types of contraceptives that act after conception, like the IUD and the morning-after-pill. It, too, is not a right in the text of the Constitution or contemplated when the document was ratified or that was historically protected. Connecticut, that the Court held that the Constitution protects a right to purchase and use contraceptives.
For example, it was not until 1965, in Griswold v. But by that reasoning, countless other Supreme Court decisions protecting basic aspects of privacy and autonomy were wrongly decided as well.
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