Mississippi is seeking a 15-week termination ban that could call into question other rights
The US supreme court is shown behind security fencing in Washington, the US, in this January 12 2021. Picture: REUTERS/ERIN SCOTT
The supreme court has recognised other implicit rights including several under the “right to privacy”, which itself isn’t explicitly in the text of the constitution. Stewart said cases involving contraception, same-sex marriage and sodomy wouldn’t be called into question because they involve “clear rules that have engendered strong reliance interests and that have not produced negative consequences or all the many other negative stare decisis considerations we pointed out.”
He noted that judge Brett Kavanaugh even mentioned some of those rights when speaking about cases where the court has overturned unpopular rulings, suggesting there is little appetite on the court to reconsider them.
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