There's a Glaring Weakness in Alito's Case Against Roe v. Wade

a majority opinion sticking by a longstanding “chain of precedent linking dozens of cases over 170 years” in a case about the double jeopardy clause of the Fifth Amendment. But when it comes to erasing abortion rights, Alito’s draft breezily asserts thatAlito’s reliance analysis—which occupies a scant two pages of his 98-page opinion—starts with a sleight of hand and ends with hand-waving.

Alito tries to get around this common-sense account of abortion-rights reliance–at the very least as a backstop in the event of contraceptive failure–by calling it “intangible” and quoting Chief Justice William Rehnquist’sdissent. The court is not equipped, Rehnquist wrote there, to weigh “generalized assertions about the national psyche.”reliance interests are far from “intangible.” Imagine you and your partner bought a home last year and settled down in Tulsa, Okla.

Or consider a high-school senior who, on May 1, sent in a deposit to attend a liberal-arts college in Ohio and discovered on May 2, the evening of theleak, that she may have no reproductive rights in the state where she will be studying for four years. (Ohio has passed blatantly unconstitutional abortion prohibitions before only to have them blocked as violative of

Apparently this isn't 'America' anymore.

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