If You Think Republicans Will Stop at Overturning Roe, You Aren’t Paying Attention
nytimes.comThe right-wing attack on abortion will not end with abortion. Defenders of Justice Samuel Alito’s draft opinion that would overrule Roe v.
Wade say otherwise. They say that because Alito explicitly states that his opinion “does not undermine” other cases that rely on a right to privacy, like Obergefell v.
Hodges, which established a right to same-sex marriage, then it’s fair to say that it doesn’t. I think this is wrong — not just because of the logic of Alito’s opinion, but because of the logic of the political movement that ultimately produced his ruling.
The central argument in Justice Alito’s draft opinion is that the 14th Amendment protects only those unenumerated rights (meaning rights not stated explicitly in the text of the Constitution) that are “deeply rooted in this nation’s history and tradition” and “implicit in the concept of ordered liberty” (Alito is referring here to the court’s decision in Washington v.
