To: Dog Gone
Right to privacy may have been reaffirmed, but it would be quite easy for the Supreme Court to find that right to privacy trumped in the abortion context, if it had a mind to do so. All it would have to do is to find the interest of government and society in the life of the fetus is a compelling interest that supersedes the mother's right to privacy, at least after a certain stage in pregnancy. (It could also find the fetus's right to life trumps the mother's right to privacy, but it would be hard to limit that to merely overruling Roe, rather than finding abortions per se unconstitutional.)
I still haven't read Kennedy's opinion, but I have to agree with Scalia that this decision makes future decisions by the Court very unpredictable.
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