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U.S. Supreme Court,
Constitutional Law

Jul. 23, 2019

Rub a dub dub

There may now be three justices open to moving away from substantive due process as the basis for incorporating the rights the Constitution elsewhere spells out and, potentially, as the basis for recognizing other rights it does not.

In recent months, several states have enacted laws curtailing access to abortions, ostensibly in the hopes of giving the U.S. Supreme Court a vehicle for revisiting Roe v. Wade, 410 U.S. 113 (1973), the then-and-still controversial decision recognizing a woman's constitutional right to decide whether to terminate her pregnancy.

If five justices agree to author a decision overruling or modifying $95

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