SAN FRANCISCO (KPIX) — As anti-abortion and abortion rights activists rally on the streets, legal experts say overturning Roe v. Wade can have far-reaching effects. Abortion falls under the umbrella of the right to privacy.
According to legal experts, that right can also cover anything from access to contraceptives to the right to marry the partner of your choice.
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“The right to privacy is wide ranging and profound and a case that overturns Roe v. Wade isn’t just choking away at the right to privacy but it’s fully dismantling it,” said Donna Crane, a San José State University Adjunct Professor.
Crane is concerned about rights many Americans take for granted. While Governor Gavin Newsom has vowed to keep abortion rights, Crane says Californians may still be impacted.
“Congress can pass any law it wants and that applies nationwide,” said Crane. “So it doesn’t matter to some extent how many protections California builds in for women’s reproductive freedom, as long as Congress wants to pass restrictive laws and there are many cued up to be passed. Women in blue states will be just as impacted just as women in Alabama.”
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The draft opinion written by Justice Samuel Alito does point out that abortion is different from other rights in one key way.
“These other situations, contraception, same sex marriages don’t involve that issue of a non-consenting entity who might need protection,” explains David Levine, a UC Hastings constitutional law expert.
Levine believes other privacy rights will remain intact, at least for now, but doesn’t rule out the possibility of politics taking over.
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“It’s quite possible, and you’re going to have eager legislators that will want to make their name and want to restore truth and beauty to the United States by rolling back these other rights,” said Levine.
Source : https://sanfrancisco.cbslocal.com/2022/05/04/legal-experts-warn-roe-v-wade-reversal-could-impact-california-women-despite-protections/