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by parineum 1390 days ago
Also Roe's reversal found that privacy implied in the 14th amendment doesn't imply a 3 trimester schedule of first, abortions legal, second states choice and third, illegal. That's it.

The right to privacy wasn't established by Roe so overturning Roe doesn't have any effect on it.

1 comments

There is no "the right to privacy". "Privacy" I'm various particular aappears areas appears in various court rulings, taken as implied via "penumbra."

https://www.justia.com/constitutional-law/docs/privacy-right...

That was my point. Roe didn't establish a right to privacy but it was justified with a right to privacy. Roe was overturned because the SCOTUS now argues that there is no constitutionally guaranteed right to privacy so Roe was invalid.
>SCOTUS now argues that there is no constitutionally guaranteed right to privacy

That's not correct. They found that the right to privacy didn't cover abortion in the exact, specific and detailed manner that Roe set precedent for (see my previous comment about the specific rules for each trimester).

14th amendment "liberty" covers privacy covers abortion, only the abortion precedent was overturned privacy was not. Thomas took aim at privacy in his opinion but that's not supported by the rest of the court.