OpEd: 'If Roe is in fact overruled, it is likely that we will see a flood of litigation challenging other cases involving unenumerated rights.' econhardship
is in fact overruled, it is likely that we will see a flood of litigation challenging other cases involving unenumerated rights., since it is most closely tied to the reproductive rights context that the current Court seems invested in. But who knows where this ends?
Does this mean that if a right wasn’t set in stone in 1868 when the Fourteenth Amendment was ratified, it can never be granted? It’s unclear. We’re in uncharted waters here. But, toCourt: “Had those who drew and ratified … the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight.
In other words, liberty — the key inquiry when defining “fundamental” rights — is an evolving idea, not one forever frozen in time. The founders knew this and built space into the Constitution to accommodate such necessary evolution. To dismiss changing social values when interpreting the Constitution is to ignore the nuance and prescience of the text and to willfully harm everyone whose rights were not protected in 1868.
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