Hello amicus listeners this is Dahlia and it is emergency

podcast time Mark Joseph Stern and I are working our way through Justice Samuel Alito's leaked

draft opinion in Dobbs that would overturn Roe v. Wade in a Slate Plus exclusive episode. Here's a little taste of that.

One more time. Hello amicus listeners this is Dahlia and it is emergency

podcast time. Mark Joseph Stern and I are working our way

through Justice Sam Alito's leaked draft opinion overturning Roe v. Wade in a

slate plus exclusive episode. Here's a little taste of that. I guess I'm curious if you can see

some principle here that allows Justice Alito to say, oh no, no, oh, no, oh, Bergafell is safe and don't worry about your birth control.

Abortion is just different.

You flick at in your piece that abortion has to do, I think you say this is Justice Kavanaugh, this is just different because it's taking a life.

Yes, and that's what Alito lays out in his opinion.

He says that abortion is sharply distinguished from other rights that were recognized in previous cases on which Roe relied because it destroys a potential life or an unborn human being.

And so abortion is just sui generis because it involves basically what we view to be

killing and so we are not going to allow it to stand as precedent but we'll simply pluck it out of this entire line of

precedent and let the rest stand.

And there are a few problems with that as we've already discussed, like there are other precedents that have very similar

reasoning that are not deeply rooted that seem to be imperiled but he actually does this kind of

rhetorical trick to make it seem like he's saying that the gay rights cases are safe

but then not actually say that. So he has this passage where he's talking about

other decisions that created or established un overturning. And that are different from abortion,

but that he says are safe,

and that the abortion decisions relied on,

...