Supreme Court Decisions at Risk: Roe v Wade and Privacy Rights Under Threat

As the U.S. Supreme Court continues its week of oral arguments and deliberations, various decisions hang in the balance, particularly in the realm of privacy rights and governmental regulations. In this article, we delve into which Supreme Court decisions are most likely to be overturned in the upcoming year, with a focus on Roe v Wade and the protection of privacy rights.

Roe v Wade: A Decisive Threat

The 1973 landmark decision, Roe v Wade, immediately comes to mind as a decision that is seriously under threat. Justices like Justice Samuel Alito and Justice Gorsuch have shown significant interest in overturning this precedent. In January, Justice Alito revealed the court's draft opinion that would reverse Roe v Wade. This move implies that the court is moving towards a decision to overturn the right to abortion that has stood for over four decades.

The emotional case of Dobbs v Jackson Women’s Health Organization—which will likely determine the fate of Roe v Wade—has already hinted at a radical shift in the court's stance. Justice Samuel Alito's opinion in Dobbs was derisively dismissive of the previous decisions, indicating a disregard for historical judicial precedent. This is a stark departure from the stare decisis principle, where courts generally consider previous decisions binding.

Privacy Rights Under Pressure

Privacy rights are facing their own challenges, with decisions such as Griswold v Connecticut, which established a constitutional right to privacy, being scrutinized. Privacy rights have come under scrutiny as the court considers the implications of recent abortion cases. The implications of overturning these rights are far-reaching, affecting not just reproductive rights but also individual freedoms in other areas.

Additionally, decisions like Griswold v Connecticut and Lawrence v Texas, which upheld the right to private consensual relationships, are at risk. These rulings have been instrumental in protecting civil liberties and ensuring that individuals can make decisions in the privacy of their own homes. The Doe's case, for example, shows that the court is considering the possibility of overturning these protections, raising concerns about the impact on individuals' privacy and autonomy.

The Court's Bias Against Precedent

It is evident that the current court is skeptical of judicial precedent and is open to revisiting and overturning earlier decisions. This is particularly evident in Justice Alito's dissenting opinion in Dobbs, where he emphasized the historical context and the importance of sticking to precedent. However, the court's actions in Dobbs suggest a preference for broad, impactful decisions rather than narrow ones. Instead of a narrow decision that simply allows the Mississippi law to stand, the court opted to make a more sweeping decision that might have far-reaching consequences.

This approach is exemplified by Justice Gorsuch's comments in the Trump immunity case, where he hinted that the court would be laying down the law for all time, not just resolving the current case. This indicates a shift from the traditional judicial approach of being cautious and respecting established precedents.

Conclusion

While the court has already overturned a few regulations, the forthcoming decisions in Roe v Wade and privacy rights cases are the most pressing and could have significant impacts on individual freedoms and societal norms. The upcoming year is likely to see a flurry of decisions that fundamentally alter the landscape of reproductive rights and privacy in the United States. Watch this space for more updates and analyses as the court reaches its decisions.