3 ms·
It recognized a constitutional right that women have a right to an abortion. That is easily supported by both amendments IX and X to the constitution, which are
by titzer 5y ago
It recognized a constitutional right that women have a right to an abortion. That is easily supported by both amendments IX and X to the constitution, which are the "catch all" clauses.
> Amendment IX
> The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
> Amendment X
> The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
What the court did is lift abortion above states by recognizing it is a constitutional right. States cannot infringe constitutional rights; that's kind of the whole point of having a constitution, so "sending it states" isn't an option.
If this decision goes through, it completely wrecks all precedent; the Supreme Court can just revoke constitutional rights by changing its mind, unless, presumably, that right is enumerated in the Constitution. But the above amendments were written exactly for that.