What might be less evident is that the draft opinion has already undermined Obergefell by changing that case’s approach to recognizing unwritten rights in the Constitution. The idea of such unwritten rights may seem puzzling, but it’s well-established in our constitutional system. So the question is not whether unwritten rights will be recognized, but which. The Dobbs draft opinion takes a remarkably stingy approach to that question. Perhaps most galling of all, the draft opinion tries to pretend away this obvious implication of its analysis.

Source: Los Angeles Times May 13, 2022 14:03 UTC