By Alan Neff and Caroline Fredrickson
As the Supreme Court reportedly prepares to overrule Roe v. Wade and Planned Parenthood v. Casey and “return the issue of abortion to the people’s elected representatives,” we argue here that religious-liberty and free-speech rights under the U.S. Constitution—and other constitutionally-grounded arguments—could be raised to defend women’s right to control their bodies without interference from the State. We argue that it is very likely that the U.S. Supreme Court eventually will be forced to confront—or ignore—the fact that States’ anti-choice laws burden mainstream religious beliefs and practices protected by the U.S. Constitution and erode other long-standing constitutional rights.
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