"The draft opinion also rejects the idea that the right to an abortion is an “integral part of a broader, entrenched right.” Alito distinguishes the long line of cases recognizing the rights to interracial marriage; to obtaining contraceptives; to engaging in private, consensual sexual acts; and to same-sex marriage by noting that abortion “destroys” what Roe and Casey call “potential life” and what the Mississippi law at issue in the current case “regards as the life of ‘an unborn human being.’”
It’s the impact on the unborn child that sets apart Dobbs, the case on which Alito wrote his draft opinion, from, say, Obergefell v. Hodges, the Court’s ruling on same-sex unions. Gay marriage involves consenting adults. No unborn child consents to his or her own destruction."
Link: https://www.theatlantic.com/ideas/archive/2022/05/alito-roe-opinion-abortion-states-rights-constitution/629755/