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Yes, Justice Samuel Alito's draft opinion overruling Roe v. Wade is a threat to women's bodily autonomy. But it is also a blueprint for how our Constitution — as brilliant of a document as it is — at times caters to the thoughts of men of the past more than the dignity of women living today.
Under our Constitution, if a right, like a woman's right to her reproductive choices, isn't directly named, writes Alito, that right must be "deeply rooted in this nation's history and tradition" to be protected. When boiled down, it's this language that empowers men of the past with control over women and their bodies in 2022. Here's how.
To understand what rights are "rooted" in our history and tradition, which Justice Alito demands, we must understand who had the power at the time to do the rooting.
The answer is obvious. Only men had that power to decide what would be "rooted" in our history. Specifically, only 1700s white men who owned property.
People of color, LGBTQ Americans, Indigenous people, non-property-owning men, and — important here — women did not have the power to root rights in our then-infant nation.
African Americans were enslaved. LGBTQ Americans were persecuted. Indigenous people were forced off their land. And women were not allowed to vote, to take on credit and were seen as simply the physical objects of men. We all know these facts.