NEW YORK (PIX11) — The U.S. Supreme Court might have decided the Dobbs case get the same result but without overturning the abortion rights case Roe v. Wade.

NYU constitutional law professor Noah Rosenblum told the PIX11 Morning News, “Chief Justice Roberts suggested that might have been possible.”

Such a rule would have dramatically restricted abortion rights because Mississippi’s law limited abortion to the first 15 weeks of pregnancy.

Justice Roberts’ view is why the court voted 6-3 to uphold Mississippi’s law but only 5-4 to overturn Roe. The five justices who rejected 50 years of the Roe precedent turned aside the idea that the constitution includes a right to privacy, a concept on which Roe and other supposedly settled rights are based. They ruled that such a purported right that is not spelled out in the constitution should be left up to the states.

But, Rosenbloom argued that the attack on Roe and the underlying right to privacy is political at its heart. He pointed out that former President Donald Trump appointed three of the five conservative justices who voted to undo Roe. And just this result was a primary reason that Justices Kavanaugh, Gorsuch and Barrett were nominated, not to make the kind of compromise Justice Roberts offered that could have retained Roe and the right to privacy.

“The constitution has many unenumerated rights,” Rosenblum said. 

He cited the right to interstate travel as one of them. 

“Even hardcore conservatives have recognized that it’s the responsibility of the court to protect those unenumerated rights,” he said.