As an organization of lawyers — sworn to defend the Constitution and the rule of law — we feel it important to speak out in response to the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision and its dangerous implications for the future.
In declaring that there is no constitutional right to an abortion, the majority opinion states that substantive rights under the Fourteenth Amendment that are not specifically mentioned in the Constitution must be “deeply rooted in this Nation’s history and tradition.”
American conventions that are “deeply rooted in the nation’s history and traditions” include a variety of harms that have long existed in this country, including: genocide and theft of property against Native Americans; slavery; Jim Crow laws; Chinese exclusion laws; and many other forms of discrimination.
The logical extension of the Supreme Court’s argument is that modern human rights law and civil rights law cannot withstand scrutiny because the injustices that gave rise to these laws are “deeply rooted in the Nation’s history.”
Our latest statement expands on the dangers arising from Justice Alito’s majority opinion and Justice Thomas’ concurrence. We hope you will take the time to read, consider, and share.
Will we stay silent — or will we speak out and protect our democracy?
