September 22, 2022

States Need Constitutional Amendments to Protect Abortion From Right-Wing Judges

Since the right-wing majority of the Supreme Court held in Dobbs v. Jackson Women’s Health Organization that the U.S. Constitution does not protect the right to abortion, many states have restricted or outright banned the procedure. But some states, like California, are endeavoring to enshrine the right to abortion in their constitutions. Although the California Supreme Court has declared that the state constitution’s right to privacy protects abortion, that safeguard remains ephemeral.

In 1973, the U.S. Supreme Court established in Roe v. Wade that abortion is a fundamental right and a state could not prohibit it before fetal viability (able to live outside the womb). Just as the U.S. Supreme Court retracted the abortion right when conservatives attained a majority, California’s Supreme Court could likewise rescind the right to abortion if the court’s membership were to shift to the right.

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books by marjorie cohn
Drones and Targeted Killing The United States and Torture Rules of Disengagement Cowboy Republic: 6 Ways the Bush Gang Defied the Law Cameras in the Courtroom

about marjorie cohn

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law where she taught for 25 years. The former president of the National Lawyers Guild and criminal defense attorney is a legal scholar and political analyst who writes books and articles, and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. Her columns appear on Truthout, HuffPost, Salon, Jurist, Truthdig, Portside, CommonDreams and Consortium News, and she has provided commentary for CBS News, BBC, MSNBC, CNN, Fox News, NPR and Pacifica Radio. Learn more about Marjorie >>

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