Thread by @nonilex

Justices hear arguments over Mississippi abortion law challenging Roe v. Wade

by @WPJohnWagner, @AMarimow, @AmyBWang & @Marianaa_Alfaro
@washingtonpost

MS atty urged #SCOTUS to overturn precedents establishing a constitutional right to abortion.
washingtonpost.com/politics/2021/…

“Counsel, there is so much that is not in the Constitution,” #JusticeSotomayor said. “Including the fact that we have the last word, Marbury v. Madison. There is not anything in the Constitution that says that… the Supreme Court is the last word on what the Constitution means.”

“It’s totally novel at that time.”
Sotomayor added that, in Casey & in Roe, the Court said there is “inherent in our structure, that there are certain personal decisions that belong to individuals & the states can’t intrude on them.”

“We have recognized that sense of privacy in people’s choices about whether to use contraception or not. We recognize that in their right to choose who they want to marry,” Sotomayor said. “I fear none of those things are written in the Constitution.”

“They have all like Marbury v. Madison, been discerned from the structure of the Constitution. Why do we now say that somehow Roe & Casey are so unusual that they must be overturned?”