Why Roe v. Wade must be defended
2022; Elsevier BV; Volume: 399; Issue: 10338 Linguagem: Inglês
10.1016/s0140-6736(22)00870-4
ISSN1474-547X
Autores Tópico(s)Legal Systems and Judicial Processes
Resumo“Abortion presents a profound moral issue on which Americans hold sharply conflicting views.” So begins a draft opinion by Associate Justice Samuel Alito, leaked from the US Supreme Court on May 2, 2022. If confirmed, this judgement would overrule the Court's past decisions to establish the right to access abortion. In Alito's words, “the authority to regulate abortion must be returned to the people and their elected representatives”. The Court's opinion rests on a strictly historical interpretation of the US Constitution: “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.” His extraordinary text repeatedly equates abortion with murder.
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