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Are All Court-Created Rights Now in Peril?

In the storm that erupted over the leaked draft opinion of Justice Samuel Alito, which would overturn Roe v. Wade, a secondary alarm has arisen among our elites.

If Roe is overturned, it is said, a whole raft of Supreme Court rulings rooted in the same principles and legal reasoning could be overturned as well.

Pillars of our progressive society could come crashing down.

In an op-ed in The Washington Post, legal scholars Melissa Murray and Leah Litman wrote that Alito’s draft opinion “declares that the Constitution ‘makes no reference to abortion’ and argues that abortion rights were ‘entirely unknown in American law,’ throughout most of the nation’s history.”

Yet, the scholars argue, the same “is true of contraception, which the court held states could not restrict in Griswold v. Connecticut. It’s true of … interracial marriage and same-sex marriage, which the court has held could not be prohibited in Loving v.

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