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That sound you hear? That’s the death rattle of Griswold v. Connecticut.
Ever since the Supreme Court callously undid 50 years of precedent and overturned Roe v. Wade, the writing’s on that wall for every Constitutional right that found its home in the penumbra of privacy. As written by Justice Clarence Thomas in his concurrence in Dobbs, “we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”
And Thomas is far from the only Republican looking to take away those rights.
Matthew DePerno is running for Michigan Attorney General, and has been endorsed by Donald Trump, natch. At the Conservative Political Action Conference earlier this year, audio captured DePerno comparing regulating the contraceptive pill Plan B and the deadly opioid fentanyl.
When asked about the state’s ability to ban Plan B, DePerno responds, “[I]t’s an issue in terms of, how do you enforce it? You gotta figure out how to ban the pill from the state.”
The conversation continues:
The man asks if DePerno can use the court system to possibly get Plan B out of pharmacies, and DePerno said, “How do you stop it from coming in? That’s the question.” He continued: “You have to stop it at the border. It would be no different than fentanyl…The state has to ban it, and it should be banned. But it’s just an issue of how do you enforce it; how do you make sure that it stops?”
To be perfectly clear, Plan B is a contraceptive pill, meaning it prevents pregnancy, not an abortive pill, which ends a pregnancy. Not that the distinction *should* matter, as abortion is still legal in Michigan. And a state constitutional amendment enshrining the right to reproductive care is on the ballot this November, after a legal battle, and is polling exceptionally well.
Not that this is the first time DePerno finds himself out of line with Michigan voters. His support for Trump and vocal spreading of election lies has landed him under investigation for vote tampering.
DePerno’s opponent, current Attorney General Dana Nessel, pounced on his statement on banning Plan B as “completely absurd.”
“He’s being crystal clear about how little respect he has for women’s autonomy and their right to plan a family on their own timeline, and voters deserve to know how dangerous he would be if elected Attorney General.”
Nessel remains ahead in polling.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).
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