WASHINGTON — In his draft decision overturning Roe v. Wade, Supreme Court Justice Samuel Alito tries to limit the blast radius of his ruling by writing that abortion is fundamentally different from other privacy matters — like contraception and marriage equality — that have historically challenged the court.
“The abortion right,” Alito writes, is “critically different from any other right that this Court has held fall within the 14th Amendment’s protection of ‘liberty.’” Overturning one, he says, would not necessarily undermine the others.
Jim Obergefell doesn’t believe him.