Alito bemoans how capacious liberty is; the Reconstruction Framers celebrated that fact.
. Alito’s opinion bulldozes a century of caselaw protecting fundamental rights to bodily integrity, to marry, and the right to decide for one’s own self whether, when, and with whom to form a family.What fundamental rights have the kind of historical backing Alito seems to demand? What other fundamental rights can claim a historical lineage equivalent to rights in the Bill of Rights? Few, if any, would seem to measure up to the strict standard Alito lays out.
Hollowing out our constitutional ideal of liberty is indefensible on its own terms. It is particularly so when one considers a primary purpose of the Fourteenth Amendment: to redress the horrific abuses of slavery and ensure the promise of liberty for all regardless of race . The Fourteenth Amendment was necessary because, in the wake of the abolition of chattel slavery, states of the former Confederacy sought to strip Black people of every basic liberty, including their rights to bodily integrity and to choose their families for themselves. To Americans who struggled and spilled blood to make the Fourteenth Amendment a part of our Constitution, liberty was not an empty idea; it was central to the difference between being a full, equal citizen and being enslaved.
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