Supreme Court nominee Brett Kavanaugh on Wednesday described Roe v. Wade's right to abortion as settled -- "important precedent" -- yet he has also narrowly interpreted when a woman can exercise that right.
https://www.cnn.com/2018/09/05/politics/kavanaugh-roe-v-wade-planned-parenthood-casey/index.html
foiled again Rubes
The undoing of
Roe v Wade will begin when the left's hate for original, fundamental rights is acted upon. The most likely vehicle rests in leftist hostility for gun rights.
If the left is successful in strictly limiting the RKBA, cutting it out of the Bill of Rights, then the legal theory that conjured "penumbral rights" is proven to be invalid.
The right to privacy is said to reside in the "penumbras and emanations" (
Griswold) of the rights recognized and secured in the first eight amendments to the Constitution. If this "rational continuum of liberty" (
PP v Casey, quoting Harlan's dissent in
Poe) can be demonstrated to be fiction, the philosophical foundation for the penumbral rights theory is demonstrably absolute bullshit.
If that's the case, the "right to privacy" and the other derivative rights to abortion, contraception and LGBTQ rights have no support in law and they will disappear into the mist from whence they came.
The only clean, honest and legally (constitutionally) valid course to secure the right to privacy and abortion etc, is to have the Court revisit
The Slaughterhouse Cases (1873), overturn it and reinvigorate the "privileges or immunities" clause of the 14th Amendment.