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Salon
Salon
Politics
David Boyle

Alito snuck stealth religion into Dobbs

Associate Justice Samuel Alito | Henry I, King of England (Photo illustration by Salon/Getty Images)

The Supreme Court's June decision in Dobbs v. Jackson Women's Health Organization, which overturned the half-century-old precedent of Roe v. Wade, occasioned worldwide rage, enough that Justice Samuel Alito — author of the majority opinion in Dobbs — mocked the outraged Prince Harry and other luminaries. Jewish advocacy groups, among others, have filed suits argued that laws restricting abortion may violate religious freedom, but ironically enough, the widespread rage may have prevented people from noticing what may be the most outrageous feature of Dobbs.

Alito's opinion sneaks in a 12th-century religious penalty for abortion — not a criminal statute — citing it in a section meant to support the history of criminal punishment, and with its ecclesiastical origins neatly excised. Those who are outraged by this are now free to mock Alito, unless they'd rather have him impeached — along with the whole Dobbs majority, perhaps — for deceiving America and violating the separation of church and state.  

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