Judges in Australia generally think that the country is blessed not to have a bill of rights in the style of America.
The battle to overturn Roe, decided in 1973, was part of a bigger campaign: to overturn rights that are not expressly in the Constitution, but which have been implied by judges.
However, abortion was not decriminalised across Australia until 2019, when NSW passed the Abortion Law Reform Act. The “right” to an abortion was drawn from the US Constitution’s 14th Amendment, passed in 1868. It prohibited the states from depriving any person of “life, liberty, or property, without due process of law” and from denying anyone within a state’s jurisdiction equal protection under the law.Bader Ginsburg believed any ruling should not have been based on the privacy of a woman with her doctor via the due process clause, but as a violation of the equal protection clause.
In Dobbs, Alito was joined by four other justices – Thomas, Neil Gorsuch, Brett Kavanaugh and Coney Barrett – toAdvertisement “The government could not control a woman’s body or the course of a woman’s life: It could not determine what the woman’s future would be.” Stoker’s case note speech to the conservative Samuel Griffith Society could have been written by the Federalist Society.
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