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"But on the whole its effect on due process rights is likely to be minor," Somin said.Just a quick glance at the porn categories that our free sex video tube covers will be enough to make you understand that we really mean business. George Mason University constitutional law professor Ilya Somin said Alito's ruling could make it unlikely the court would recognise due process protections in new areas such as transgender rights. And no state legislature is going to get rid of interracial marriage." McGinnis added, "No state legislature is going to get rid of contraception. The fact that Americans have relied on the same-sex marriage decision to plan and invest in their lives and relationships makes it unlikely that the justices will overturn it, McGinnis said. "On interracial marriage, contraception and same-sex marriage, for one reason or another there is no likelihood the court is going to revisit those decisions," Northwestern University law professor John McGinnis said. Other legal scholars doubt that there is either a willingness on the court or in legislatures to eliminate other rights. Some conservative commentators have suggested that Alito has provided a road map for future attempts to eliminate other guaranteed liberties. "And it is beyond dispute that the right to same-sex marriage is not among those rights," Alito wrote in his 2015 dissent. It doesn't pull any punches when it comes to the abortion right."Īlito's opinion resembles his dissent in the court's same-sex marriage ruling in which he said the 14th Amendment's due process promise protects only rights deeply rooted in America's history and tradition. Sepper said that Alito is "not particularly convincing because he doesn't do the work to distinguish those cases in a meaningful way." She added: "It's a really sweeping opinion. "Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion," Alito wrote. In the draft, Alito sought to distinguish abortion from other rights because it, unlike the others, destroys what the Roe ruling called "potential life." "This was considered social progress - we were changing as a society and different things became important and became part of what one cherished," said Carol Sanger, an expert in reproductive rights at Columbia Law School. Like abortion, other personal rights including contraception and same-sex marriage may be found by conservative justices to fall outside this framework involving rights "deeply rooted" in American history, scholars noted. Conservative critics of the substantive due process principle have said it improperly lets unelected justices make policy choices better left to legislators.Īlito reasoned in the draft that substantive due process rights must be "deeply rooted" in US history and tradition and essential to the nation's "scheme of ordered liberty." Abortion, he said, is not, and rejected arguments that it is essential for privacy and bodily autonomy reasons. Though these rights are not explicitly mentioned in the Constitution, they are linked to personal privacy, autonomy, dignity and equality. According to Alito, the right to abortion recognised in Roe must be overturned because it is not valid under the Constitution's 14th Amendment right to due process.Ībortion is among a number of fundamental rights that the court over many decades recognised at least in part as what are called "substantive" due process liberties, including contraception in 1965, interracial marriage in 1967 and same-sex marriage in 2015.