Jeff Sessions invokes Atlantic Monthly
GOP Senator just used Ben Wittes' article from a few months ago to give the false impression, on national television, that even liberals agree that Roe v. Wade is "bad law" and that the right to an abortion is "constitutionally shaky." I wonder if the publishers of Atlantic Monthly are proud of themselves...
Roe, of course, is a perfectly valid decision, and the right to abortion is indeed guaranteed by the Constitution. As Arlen Specter noted just today, the Supreme Court has had thirty-eight opportunities to overturn Roe, yet it is still the law of the land.
The constitutional abortion right is guaranteed by the due process clause. As Roberts himself said today:
...the court has -- it was a series of decisions going back 80 years -- has recognized that personal privacy is a component of the liberty protected by the due process clause. The court has explained that the liberty protected is not limited to freedom from physical restraint and that it's protected not simply procedurally, but as a substantive matter as well. And those decisions have sketched out, over a period of 80 years, certain aspects of privacy that are protected as part of the liberty in the due process clause under the Constitution.Roberts doesn't say which "aspects of privacy" are protected, but if the freedom to determine what goes on inside one's own body isn't protected by the right to privacy, then nothing is.
I looked at the Roe decision, and Wittes' article, in a bit more detail here, if you're interested.