Opinion | Alito's Draft Is an Attack on Rights Beyond Abortion

wasPlanned Parent­hood v. CaseyThe draft major­ity opin­ion expli­citly repeals a major consti­tu­tional right — one protec­ted for a half-century — on the grounds that “Roe was egre­giously wrong from the start.” At the front of our minds must be the impact on the lives of millions of women.

This ruling would usher in a dark and danger­ous new consti­tu­tional order. For as long as nearly all Amer­ic­ans have been alive, we have had a uniform system of rights, protec­ted nation­ally by the Consti­tu­tion, the U.S. Supreme Court, and laws passed by Congress. Now the Supreme Court is busily revok­ing those national protec­tions. On voting rights. Soon, appar­ently, on abor­tion rights.

The justices — each the product of a 40-year conser­vat­ive legal move­ment centered on judi­cial nomin­a­tions — test­i­fied thatwas “settled law” . Gorsuch asser­ted it “is a preced­ent. It has been reaf­firmed.” Justice Clar­ence Thomas claimed under oath never to have discussed it or had an opin­ion onwhen it was decided, even though he was at Yale Law School in 1973.

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