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The bait and the switch


Among many possible candidates, Alito’s quick dismissal of the idea that women had a material reliance interest in the maintenance of access to legal abortion is perhaps the least persuasive argument made by the Dobbs majority opinion:

That form of reliance depends on an empirical question that is hard for anyone—and in particular, for a court—to assess, namely, the effect of the abortion right on society and in particular on the lives of women.

The idea that it’s impossible to evaluate whether women have a concrete material interest in reproductive autonomy is absurd:

This argument is even more ridiculous coming from chambers that asserted that people have a major liberty interest in having an incentive to carry medical insurance structured as a “tax” rather than a “penalty.”

Although, as Amy Coney Barrett suggested (and Alito reiterated), you can just drop your newborn off at the Greyhound station, so no harm no foul (if we ignore the preceding nine months!):

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