by Jeremy Leaming
A longstanding meme is that conservatives are concerned about the makeup of the Supreme Court, while progressives, not so much. A paper released by ACS on the opening of the Court’s new term, spells out why progressives should be really concerned about the Supreme Court, if they are not already.
The paper, “Courts Matter: Justice on the Line,” notes the current high court is typically divided 5-4 along ideology on a host of matters that progressives should be concerned about, such as corporate funding of elections, abortion rights, voting rights, privacy rights and equality. The paper speculates on how a more conservative or progressive high court might address some of the nation’s most pressing legal concerns.
For example, the document says a “more conservative Supreme Court might uphold onerous restrictions on a woman’s right to choose and otherwise limit her reproductive freedom – and perhaps even overturn the landmark Roe v. Wade decision.” There are two cases decided by a conservative Supreme Court that have already revealed a desire to limit, if not overturn, Roe.
The high court’s 1992 Planned Parenthood v. Casey created a new standard for deciding when limits on reproductive freedoms pass constitutional muster. For example, waiting periods, parental consent and informed consent are no limits on women’s freedom to a medical procedure. For that matter states have also mandated that physicians give women lectures on abortion or force them to under ultrasounds to view sonograms. And in a 2007 opinion, the Court upheld as constitutional a state law banning late-term abortions.
The advancement of marriage equality might also be slowed by a more conservative Supreme Court, the paper notes. In 2003, the high court by a 6-3 vote invalidated as unconstitutional a Texas law banning sodomy. The ACS paper maintains that today Lawrence v. Texas would likely be a 5-4 opinion.
Let’s note here too that early next year, Jan. 18-19, ACS will host, along with the UCLA School of Law, the Williams Institute, the Yale Information Society, and the Program for the Study of Reproductive Justice, a conference focusing on the impact of Roe and Lawrence and contemplating the future of both equality and liberty concerns. See here for more information about the conference called “Liberty/Equality: The View from Roe’s 40th and Lawrence’s 10th Anniversaries.”