Wade is overturned.īut by undermining the constitutional justification for abortion by targeting unenumerated rights - constitutional rights that aren't explicit in the text but are implied - Democrats say the nation's highest court is setting up future legal fights to roll back other long-held constitutional rights. Alito adds in the opinion that 'the cases on which Roe and Casey rely' are safe because none 'involved the critical moral question posed by abortion,' meaning the decisions to allow same-sex and interracial marriage, the right to contraception, prohibiting sterilization without consent would not be affected, even if Roe v.
