MSNBC legal analyst Danny Cevallos said there is a “very good chance” Roe v. Wade will be overturned if challenged in the Supreme Court, after the Alabama Senate passing a near-total ban on abortion.
“There is a very good chance if this makes it to the Supreme Court that Roe v. Wade will be overturned,” Cevallos said on Morning Joe Wednesday. “Because we have known since the ‘70s that Roe v. Wade stands on a weak foundational basis. Whether you’re pro-life or pro-choice, Roe v. Wade is really about, do we have an individual, fundamental — do women have a privacy right in the Constitution that overrides state legislatures’ abilities to make laws affecting abortion.”
“The bottom line is, that even if you are pro-choice, the right to privacy does not exist, either in the history or the text of the Constitution, which is why Roe has always been ripe to be overturned,” he said.
“You know, Danny, it is interesting you say that, because Mika and I were talking about this this morning after the news broke overnight,” host Joe Scarborough added. “I said that my constitutional law professor, who is very progressive, said, though I agree with the conclusion of Roe, it is a terribly written case, and its logic is baffling at times.”
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