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Some analysis of Alito's opinion
Well, if this is to be our new law, it will feel familiar to some people who were around in the early '70s and '60s because we're returning exactly to that situation of criminal law is normally a matter decided by the states, and Roe v. Wade made an exception to that by saying, well, not if one of the acts that's called a crime is an actual fundamental right protected by the Constitution, which is what Roe said. Now Roe is more or less being erased so that there is no more federal right to make a decision about an abortion. And the common rhetoric had been, against Roe, well, the word privacy isn't in the Constitution.
But Alito has upped the ante on that, and now he says the word abortion isn't in the Constitution. Well, that's true, but neither is the word aircraft carrier or political party or other concepts and things that may be regulated. That's not the key feature. It really is the privacy or liberty that the court acknowledged protected the right in Roe - the abortion right.
But Alito has upped the ante on that, and now he says the word abortion isn't in the Constitution. Well, that's true, but neither is the word aircraft carrier or political party or other concepts and things that may be regulated. That's not the key feature. It really is the privacy or liberty that the court acknowledged protected the right in Roe - the abortion right.
https://www.npr.org/2022/05/04/1096545805/examining-the-content-of-the-leaked-supreme-court-draft-opinion-and-its-implicat