Radford professor explains question of precedent in SCOTUS leak case

Published: May. 3, 2022 at 7:24 PM EDT
Email This Link
Share on Pinterest
Share on LinkedIn

ROANOKE, Va. (WDBJ) - As protestors took to the steps of the Supreme Court Tuesday, law scholars are considering all aspect of the implications of an overturn of Roe v. Wade.

Dr. Allyson Yankle at Radford University said Tuesday that some scholars are also examining the development through the lens of precedent.

Yankle said overturning Roe v Wade could call into question other cases built on the right to privacy. She said that might include LGBTQ cases - and others similar- decided by the court.

“This also brings into questions decisions such as Loving v Virginia,” she said. “So you know, depending on how people read this, how people interpret it, some precedents are potentially under more scrutiny than they were, you know, two days ago.”

Yankle said she was stunned a document of this type would have made its way out of the court, and considers the implications it might have to the legitimacy of the court. With decrease legitimacy, she suspects and anticipates an increase in politicization of the court. This, she said, was demonstrated with the recent confirmations of judges, particularly starting with Justice Bret Kavanagh. This, Yankle explained, could very likely be the “new normal.”

If the landmark legislation is overturned, Dr. Yankle said some states will begin the work of codifying abortion protections in their constitution, if they haven’t already. Conversely, states which haven’t already voted on laws to ban abortion might go ahead and take up the work to do so.

Yankle said the Court’s final opinion will likely be made available in June.

Copyright 2022 WDBJ. All rights reserved.