The headline today in legal matters will surely be that
Roe v. Wade (1973) has been overruled, but the problem goes further. The reasoning employed by the Supreme Court in
Dobbs v. Jackson Women's Health Organization (2022) undermined the reasoning employed in
Lawrence v. Texas (2003) under which
Bowers v. Hardwick (1986) was overruled to end anti-sodomy statutes, which is the same line of reasoning ultimately used to prevent states from banning same-sex marriage (
e.g., that the State had no legitimate interest to protect), and in fact the same line of reasoning used by the Supreme Court to strike down laws criminalizing birth control.
We have not seen the end of this.
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