Caroline Mala Corbin: 8 legal reasons to dislike Justice Alito's draft opinion on abortion. - NBCNewsTHINK
“The regulation of a medical procedure that only one sex can undergo does not trigger heightened constitutional scrutiny unless the regulation is a ‘mere pretext designed to effect an invidious discrimination against members of one sex or the other.’” In other words, discrimination based on pregnancy or abortion does not automatically count as sex discrimination. In making this determination, Alito cited 1974’s Geduldig v. Aiello.
Casey recognized, without the right to control their reproduction, women cannot participate as equals in the social, economic and political life of the country. Alito devotes only a brief paragraph to this crucial aspect of why the right to abortion should be constitutionally guaranteed, and his main argument for dismissing it is that Geduldig and its progeny preclude it — despite the clearly flawed reasoning of Geduldig.
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