Anthony Kennedy’s resignation is a blow to women across America. Just listed amongst the top 10 countries unsafe for women , now we will find ourselves listed on the list of countries with repressive rights for women .
This may be the beginning of the end for Roe.
To understand why the end of abortion rights for women is assured now , it is important to recognize that Roe is already effectively dead letter in many parts of this country. In 1992, the Supreme Court—with Justice Anthony Kennedy’s vote—substantially submerged the impact of Roe in Planned Parenthood v. Casey by stating that while abortion falls within the “liberty” protected by the Constitution, different states may enact their own abortion laws whether or not based on health or liberty of women as long as it does not impose ‘ undue burden ‘ upon her.
The republican victory is based on these tactics. Roberts, Alito, and Gorsuch are important to that strategy because they can overturn Roe and Casey. The same will be true of Kennedy’s replacement.