Bowers only scrutinizes those that are deeply held in American tradition. They can say that abortion is not part of american tradition and therefore is a behavior that can be prosecuted.
But...what would the map look like?
But Bowers has been overruled by Lawerence...Kennedy used the Heightened rational basis test there...(gays don't get the same type of scrutiny as race or gender, but can something because they're targeted for some sort of exclusion).
Not neccesiarily... it was just overruled in respect to sodomy. It could still be used as a means of due process. Just look at the Washington assisted suicide case.
Well i'd think we'd be looking at it from an equal protection standard...I think it was a mistake to ground abortion in substantive due process...and privacy
Well yeah...you'd go the Ginsberg route and anchor it in the equal protection clause and give it intermediate scrutiny...higher if ginsberg could ever get sex discrimination on par with race
As a disclaimer, I am pro-life, but apathetic...there are far many more issues I feel like we have to deal with and until we address them, I am somewhat okay to keep them safe, legal, and rare...
But my main concern with getting rid of abortion, and what keeps me apathetic, is that because it has been grounded in privacy, and substantive due process...a reversal of the Roe/Casey line, may erode privacy rights...and that does bother me.
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