Center for Political Awareness

The Little-Remembered Supreme Court Precedent That Could Protect IVF — and Abortion

A half-century before Roe v. Wade, the Supreme Court ruled that family life is off limits from government interference. Could that case provide a way to protect both IVF and abortion? (Click image for full article.)

Photo: The justices of the U.S. Supreme Court in 1923. In a 1923 case, the court ruled that “substantive due process” precludes states from interfering in certain categories of decisions that belong to families and parents. | Library of Congress

 

…If a challenge were to make its way to the U.S. Supreme Court, a little-remembered case from the early 20th century could prove consequential to both sides. In fact, if harnessed by proponents of abortion rights, the case would provide a precedent that could shift the terms of the IVF-versus-abortion debate away from the line of reasoning enshrined in Roe v. Wade to a new one that carves out family life as existing beyond the reach of government interference….

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