HAMPTON ROADS, Va. (WAVY) — Just like the issue that has divided our nation for decades, local constitutional law experts come down on different sides of the landmark reversal Friday of Roe v. Wade.
10 On Your Side spoke with Professor Brad Jacob of Regent University and Professor Allison Orr Larsen of William and Mary Law School, as well as political science Professor Ben Melusky of Old Dominion University for the broader impact of the ruling.
“Whether you like it or not, it’s going to go down as one of the most important decisions in Supreme Court history,” Jacob said.
“It’s huge. It’s a jolt to the legal system, which is exactly what the Chief Justice (John Roberts) said about it,” Larsen said.
Jacob says Roe was based on a broad right to privacy in the 9th and 14th amendments. Too broad by his estimation.
“Roe was a little shaky on where it was finding this constitutional right because there isn’t anything in the constitution that talks about abortion,” he said.
But Larsen says the use of the word “liberty” 49 years ago in Roe was sound.
“I think that right includes a woman’s right to end a pregnancy up to a certain period of time,” she said.
Some are wondering whether today’s ruling threatens other issues including same-sex marriage, and Jacob says that’s not the case.
“The court made it clear that it was not ruling on anything other than the abortion issue,” he said.
Larsen sees it as a sea change for the Roberts court.
“It’s a change in precedent, it’s a change in methodology and it’ll be a change that affects the rights of women across the country,” she said.
Today’s reversal will have resonating impact on law, culture, politics and civil rights. Melusky of ODU says get ready to see people taking it to the streets.
“This may be something that can energize the public over the summer months. Warm weather, people being outside as we get closer to the midterms. I think we can see more and more (political activism) take shape,” Melusky said.
Melusky says Governor Glenn Youngkin (R) could call an executive session before the traditional term of the General Assembly in January, but it wouldn’t serve a purpose because the Republicans control the House of Delegates and there’s a narrow Democratic majority in the Virginia Senate. In fact, Youngkin said Friday he would not call such a session.
Melusky wonders whether such a broad-based, emotion-filled ruling may move up the priority ladder – and past pocketbook issues — for voters in the fall.
“Can it overcut something like the economy? I keep thinking that there’s potential for it to be more impactful than the economy.”
Melusky says the fallout from today’s action will only sharpen the focus on the congressional race in Virginia’s 2nd District between incumbent Elaine Luria (D) and challenger Jen Kiggans (R). It’s one that the GOP has already targeted if they expect to take control of the House of Representatives.
