Donald Trump’s vow to appoint conservative justices to the U.S. Supreme Court puts both reproductive rights and same-sex marriage in a precarious state, Professor David S. Cohen wrote in an op-ed essay in the Daily News on Dec. 4.
With three of the current justices at least 78 years old, Trump has the potential to reshape the court dramatically and allow a reversal of the 44-year-old Roe v Wade decision, Cohen said.
Replacing Justices Ruth Bader Ginsburg, 83, Anthony Kennedy, 80, or Stephen Breyer, 78, with more conservative justices could also lead the Supreme Court to re-examine same-sex marriage, which was upheld in 2015.
“Our strongest hope to continue the protection of privacy beyond wishing good health for the court's older justices is to urge Democrats (and any likeminded Republicans) to fight conservative extremist nominees to the court,” Cohen wrote. “Democratic senators need to stand up to a radical Trump nominee like the Republicans successfully did to Obama's moderate one.”
Otherwise, Cohen warned, “the entire constitutional law of privacy could very well be consigned to the trash heap of history.”