Associate Justice Samuel Alito Photo: Erin Schaff-Pool/Getty Images That the Supreme Court seems poised to overturn Roe v. Wade, according to an opinion draft leaked to Politico, is horrifying in and of itself. But some of the outright lies and misleading arguments used to justify this decision further twist the knife, adding another layer of cruelty to a decision that could immediately strip women in 25 states of basic agency over their bodies.
“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.” The centerpiece of Alito’s argument is that since abortion is not enshrined in an 18th-century document, it should not be protected by modern law. Do you know what else isn’t in the Constitution? Women’s rights of any kind.
“A highly disproportionate percentage of aborted fetuses are black.” In one of the most inflammatory and distracting footnotes, Alito links early abortion rights advocates to the eugenics movement, weaponizing race to help dismantle a ruling that actually protects vulnerable women. “It is beyond dispute that Roe has had that demographic effect,” he writes. “Some such supporters have been motivated by a desire to suppress the size of the African American population.
“States have increasingly adopted ‘safe haven’ laws, which generally allow women to drop off babies anonymously…” The idea that the existence of safe haven laws and adoption means mothers have “little reason to fear that the baby will not find a suitable home” if they carry an unwanted pregnancy to term is grossly oversimplified.
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