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The decision threw out Roe entirely (Roberts' concurrence notwithstanding) -- and Roe was based on two legal theories: a right to privacy (implied, but not made
by ascagnel_ 4y ago
The decision threw out Roe entirely (Roberts' concurrence notwithstanding) -- and Roe was based on two legal theories: a right to privacy (implied, but not made explicit, in the Bill of Rights, and interpreted by Roe to be under the 9th and 14th amendments), and that a law that could only be enforced via unconstitutional searches was itself unconstitutional. Alito's decision doesn't tackle _how_ Roe was wrong, it simply declares that the court erred when it considered those privacy rights.