Berkeley Law School dean says SCOTUS will start ‘unraveling’ privacy rights

The dean of California’s Berkeley Law School on Tuesday warned that if the U.S. Supreme Court overturns the right to abortion in Roe v. Wade, the justices would likely begin “unraveling the whole fabric of constitutional protection of privacy.”

Erwin Chemerinsky told Hill.TV that it was “hard to believe” the Supreme Court could just overturn the precedent, as Roe v. Wade relied on a list of other assumed privacy and equality rights in the U.S.

“If you follow the reasoning of Justice [Samuel] Alito’s draft opinion, then none of these rights would be protected by the constitution,” Chemerinsky said. “It seems hard to believe the court could pull this thread without unraveling the whole fabric of constitutional protection of privacy.”

Politico on Monday night leaked Alito’s draft opinion that showed the court’s conservative majority was ready to overturn Roe v. Wade. The leak spurred protests and outcries from abortion rights advocates and supporters.

Chemerinsky said the right to privacy, established by Roe v. Wade, has protected many other rights, including same-sex marriage and the use of contraceptives. If the precedent is overturned, states will not only limit abortions but also access to contraceptives, he said.

The law school dean predicted a long road ahead on a debate over abortion rights if Roe v. Wade falls.

“It’s going to intensify the political fight over abortion,” he said. “It’s going to be a huge issue in Congress and for every congressional race. It’s going to be an issue at the state level for every state legislature … even city council races.”