5 Other Rights That Could Be Struck Down If Roe V. Wade Is Overturned

In the decades since Roe v. Wade was decided, in vitro fertilization (IVF), has been developed as a common approach to dealing with infertility. The process, which involves the creation of multiple fertilized embryos — many of which are ultimately discarded — may be disrupted or even outlawed in states that pass very strict anti-abortion laws. Several states, including Louisiana, are proposing laws that define embryos as people and equate their destruction with murder. As one Twitter user noted, “the fetal personhood laws like this one, which we are about to see all over the place, will criminalize IVF too.”

Holy shit. Louisiana Republicans have voted to advance a bill out of committee making abortion from the moment of fertilization a crime, in which the mother can be charged with homicide.

— Brian Tyler Cohen (@briantylercohen) May 5, 2022

The Roe v. Wade ruling rested in part on the idea that various parts of the U.S. Constitution imply certain rights that are not spelled out in the document, such as a right to privacy. Most endangered would be emergency contraception, such as the morning after pill, which many conservatives lump together with abortion. However, the denial of a right to privacy could allow other forms of contraception — such as IUDs, birth control pills or condoms — to be restricted or even banned by states. In a recent interview, Mississippi Governor Tate Reeves would not rule out a contraception ban in his state.

CHUCK TODD: If there is legislation brought to you to ban contraception, would you sign it?

GOV. TATE REEVES: I don’t think that’s going to happen in Mississippi.

TODD: You’re not answering the question.

REEVES: Well, there’s so many things that we can talk about. pic.twitter.com/dooWFdPNvW

— Aaron Rupar (@atrupar) May 8, 2022

The decision to undermine a right to privacy potentially calls into question the 2015 Obergefell v. Hodges decision, in which the Supreme Court decided 5-4 to extend recognition of same-sex marriages to the entire country. Before this ruling, the marriage issue had been fiercely contested across the country, with conservatives and LGBTQ+ advocates clashing politically in many states.

Though the Obergefell case seemed to put the issue to rest, the Supreme Court reversing its view on privacy and overturning settled laws like Roe opens up the possibility that same-sex marriage will be the next target. President Joe Biden recently said “it’s not just the brutality of taking away a woman’s right to her body”  at a Democratic fundraiser, adding that the Alito decision “basically says there’s no such thing as the right to privacy.” The president signaled a warning, stating “mark my words: They are going to go after the Supreme Court decision on same-sex marriage.”

It’s not just same-sex marriage that could be reconsidered in the wake of the court’s ruling. Some experts have speculated that the Supreme Court might reconsider the case Loving v. Virginia, which struck down the remaining laws that banned interracial marriage. Overturning Loving would be both more difficult legally — since laws that discriminate based on race are much harder to justify — and out of line with the 90 percent of the population that approves of interracial marriage. Nevertheless, one Senator, Mike Braun (R-IN), has already stated that the issue should be left up to states, a view that his office later attempted to walk back as a misunderstanding.

REPORTER: “You would be okay with the Supreme Court leaving the issue of interracial marriage to the states?”

SEN. MIKE BRAUN (R-IN): “Yes. If you are not wanting the Supreme Court to weigh in on issues like that, you are not going to be able to have your cake and eat it too.” pic.twitter.com/jiVTMOpC01

— Heartland Signal (@HeartlandSignal) March 22, 2022

In 2012, Chief Justice John Roberts, generally a conservative vote among the justices, sided with the court’s liberals to uphold the constitutionality of the Affordable Care Act. This ruling has long angered conservatives, including those sitting on the court. Since that ruling, three Trump-appointed conservatives have joined the court.

Now that there is a 6-3 conservative supermajority on the Supreme Court, rulings like Alito’s abortion opinion can come down without Roberts’ support. The same five justices preparing to overturn Roe could therefore revisit the health care case. Attorney Amee Vanderpool tweeted this concern, posting that after the Roe ruling, “next comes every other established right that the conservative majority finds abhorrent, including Obamacare.”

Yep. First comes striking down abortion rights and next comes every other established right that the conservative majority finds abhorrent, including Obamacare. https://t.co/eTxVrofHa2

— Amee Vanderpool (@girlsreallyrule) May 13, 2022

If the leaked Supreme Court opinion turns out to be the final decision on Roe v. Wade, the full impact of this change might not be known for years. Nevertheless, this ruling is likely to create a legal atmosphere that is more restrictive of many rights that have been recognized or extended over several decades.