[Two pieces analyzing, and correcting the record about, Justice Alito’s draft decision that would overturn Roe v. Wade. For the full version of each column, please follow the link embedded in the headline.]

As pure constitutional law, Alito’s draft is superb (May 3): Justice Samuel Alito’s draft decision in the Dobbs abortion case is a powerfully argued legal masterpiece throughout, but its central point is made in just 25 words on page 15.

To wit: “Until the latter part of the 20th Century, there was no support in American law for a constitutional right to obtain an abortion. Zero. None.”

That is the indisputable reality of abortion jurisprudence, as Alito shows through exhaustive historical research and bracing logic. In both the Roe v. Wade decision in 1973 and Planned Parenthood v. Casey in 1992, the majority of justices essentially made up constitutional provisions from thin air. As Alito wrote, “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.”

Yes, not even implicitly. [That is why, by the way, even the late Justice Ruth Bader Ginsburg repeatedly admitted that Roe was badly reasoned.]….

Ending Roe would NOT threaten other “rights” (May 4): Leave it to the political Left to turn one scaremongering opportunity into multiple ones, even against direct evidence that the fears are unfounded.

Not content with imagining a parade of pregnancy-related horribles if Justice Samuel Alito’s draft abortion decision becomes law, leftists insist that “same-sex marriage, contraception,” and even civil rights might now be headed for the back alley. Business Insider devoted a column to the alleged threat. So did Politico and USA Today. Ted Kennedy’s hagiographer Charles Pierce tweeted the same thing in high dudgeon, and liberal “analyst” Jeff Greenfield tweeted in support of Pierce. The list goes on.

They’re all so verklempt. Next thing you know, they’ll be saying the boogeyman is coming after their right to get tattoos.

In fact, Alito repeatedly and explicitly differentiated constitutional questions about those other subjects from the abortion question…..


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