Despite glib right-wing claims to the contrary, as many legal scholars and constitutional experts were quick to point out, Supreme Court Justice Samuel Alito's leaked draft opinion ending abortion rights opens the door wide open for the reversal of decades of human rights litigation. At issue is Alito's rejection of the ninth amendment, which states that the "enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Or, in plain English: Plenty of rights are guaranteed by implication in the Constitution — such as a right to privacy — even if not explicitly delineated. Despite his alleged "originalism," however, Alito was quite clear that he feels the opposite is true: If it ain't singled out by name in the Constitution, it's not a right.
"The Constitution makes no reference to abortion," he writes in the draft opinion that was leaked to Politico. As political scientist Scott Lemieux noted, this is a "junior high school debate society" argument unworthy of anyone with a law degree, much less a Supreme Court seat. But it does open the door to repealing birth control rights, same-sex marriage, and decades worth of social progress that religious zealots like Alito deplore.
