Justin Driver on What Could Happen to Roe v. Wade After Kennedy’s Retirement

Here's What Could Happen to Roe v. Wade and Abortion Rights After Justice Kennedy's Retirement

Supreme Court Justice Anthony Kennedy’s retirement announcement on Wednesday sparked immediate questions about the future of abortion rights in the United States.

Kennedy, who was a pivotal swing vote in some of the most controversial rulings of the past 30 years, consistently upheld abortion rights during his tenure. But President Donald Trump campaigned on a promise to select Supreme Court nominees who would “automatically” overturn Roe v. Wade, the landmark 1973 ruling that established the constitutional right to an abortion.

“There’s every reason to believe that Roe v. Wade is on the chopping block,” said University of Chicago law professor Justin Driver, who clerked for Supreme Court Justices Stephen Breyer and Sandra Day O’Connor. “Roe v. Wade has been administered last rites many times, but fears — for supporters of Roe v. Wade — that its days are coming to a close are more justified than ever.”

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