The leaked copy of Justice Samuel Alito’s draft majority opinion overruling Roe v. Wade has unleashed a wave concern about what the opinion would mean, not only for people who depend on the availability of abortion care, but also for people who depend on other fundamental rights related to the 1973 ruling.
As
President Biden and
legal commentators pointed out, Justice Alito’s stated reasons for overruling
Roe could seemingly be applied to overrule other precedents ranging from
Obergefell v. Hodges, which recognized a right to marriage equality, to
Lawrence v. Texas, which recognized a fundamental right for intimate relationships between consenting adults, including adults of the same sex, to
Griswold v. Connecticut, which recognized a fundamental right to contraception.
While conservative commentators have sought to minimize these fears, one of their main responses has exposed Justice Alito’s draft majority opinion as
nothing more than a lawless exercise of political power. They now claim that the court wouldn’t overrule those
other precedents because, among other things, those other precedents are “politically popular.”