Legal scholar Lawrence Tribe: ‘We’re in for a long, tangled, chaotic and, in terms of human suffering, horribly costly struggle’
An abortion rights supporter holds a banner as she protests outside the US supreme court on Saturday.An abortion rights supporter holds a banner as she protests outside the US supreme court on Saturday.Last modified on Sun 26 Jun 2022 20.47 BST
But the White House has limited options, leaving constitutional and legal experts to warn on Saturday that there was no short-term way outside of statute law to restore federal guarantees to woman’s right to abortion after theThe opportunities to challenge the justices’ ruling or re-present constitutional law arguments based on equal rights are for now limited.
One of those could be for Congress to give powers to the Department of Health and Human Services or the Food and Drug Administration to override state laws. That issue came up on Friday when the attorney general, Merrick Garland, said in a statement that states, a medication that is used to bring about an abortion, based on disagreement with the federal government on its safety and efficacy.
One avenue that could be more fruitful in repairing the right to abortion is in state constitutions that have their own protections around liberty and equality. Kevin O’Brien, a partner at Ford O’Brien Landy, a boutique law firm, pointed out that Roe v Wade was written 50 years ago – a long time in terms of constitutional law.
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