Defenders of Alito’s leaked opinion exposed the draft for what it really is: A lawless exercise of political power.
This, to be clear, is not a legal distinction. It’s merely a statement that public opinion and politics will dictate what the court’s conservative supermajority thinks it can get away with—respect for the law and neutral principles be damned.
The leaked draft opinion seemingly puts several other constitutional rights squarely in the court’s crosshairs. As, Alito’s broadside attack against “unenumerated rights” that aren’t “deeply rooted” in American history could be deployed against the right of same-sex couples to be intimate or to get married. Like the right to decide to have an abortion, the right of same-sex couples to be intimate or to get married isn’t explicitly mentioned in the text of the Constitution.
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