www.nytimes.com Open in urlscan Pro
151.101.65.164  Public Scan

Form analysis
2 forms found in the DOM

POST https://nytimes.app.goo.gl/?link=https://www.nytimes.com/2024/02/23/opinion/alabama-embroyo-dobbs-reproductive-freedom.html&apn=com.nytimes.android&amv=9837&ibi=com.nytimes.NYTimes&isi=284862083

<form method="post" action="https://nytimes.app.goo.gl/?link=https://www.nytimes.com/2024/02/23/opinion/alabama-embroyo-dobbs-reproductive-freedom.html&amp;apn=com.nytimes.android&amp;amv=9837&amp;ibi=com.nytimes.NYTimes&amp;isi=284862083"
  data-testid="MagicLinkForm" style="visibility: hidden;"><input name="client_id" type="hidden" value="web.fwk.vi"><input name="redirect_uri" type="hidden"
    value="https://nytimes.app.goo.gl/?link=https://www.nytimes.com/2024/02/23/opinion/alabama-embroyo-dobbs-reproductive-freedom.html&amp;apn=com.nytimes.android&amp;amv=9837&amp;ibi=com.nytimes.NYTimes&amp;isi=284862083"><input name="response_type"
    type="hidden" value="code"><input name="state" type="hidden" value="no-state"><input name="scope" type="hidden" value="default"></form>

POST https://nytimes.app.goo.gl/?link=https://www.nytimes.com/2024/02/23/opinion/alabama-embroyo-dobbs-reproductive-freedom.html&apn=com.nytimes.android&amv=9837&ibi=com.nytimes.NYTimes&isi=284862083

<form method="post" action="https://nytimes.app.goo.gl/?link=https://www.nytimes.com/2024/02/23/opinion/alabama-embroyo-dobbs-reproductive-freedom.html&amp;apn=com.nytimes.android&amp;amv=9837&amp;ibi=com.nytimes.NYTimes&amp;isi=284862083"
  data-testid="MagicLinkForm" style="visibility: hidden;"><input name="client_id" type="hidden" value="web.fwk.vi"><input name="redirect_uri" type="hidden"
    value="https://nytimes.app.goo.gl/?link=https://www.nytimes.com/2024/02/23/opinion/alabama-embroyo-dobbs-reproductive-freedom.html&amp;apn=com.nytimes.android&amp;amv=9837&amp;ibi=com.nytimes.NYTimes&amp;isi=284862083"><input name="response_type"
    type="hidden" value="code"><input name="state" type="hidden" value="no-state"><input name="scope" type="hidden" value="default"></form>

Text Content

Manage privacy preferences
We and our vendors use cookies and similar methods to recognize visitors and
remember their preferences, for analytics, to measure our marketing
effectiveness and to target and measure the effectiveness of ads, among other
things. To learn more about these methods, view our Cookie Policy and Privacy
Policy. By clicking ‘Accept all,’ you consent to the processing of your data by
us and our vendors using the above methods. You can always change your
preferences by clicking on Manage Privacy Preferences in our website footer or
in your app Privacy Settings.
Vendors 344
Vendors using consent 317
Vendors using legitimate interest 83
Precise geolocation data, and identification through device scanning
Precise geolocation and information about device characteristics can be used.
Personalised advertising, advertising measurement, audience research and
services development
Advertising can be personalised based on your profile. Your activity on this
service can be used to build or improve a profile about you for personalised
advertising. Advertising performance can be measured. Reports can be generated
based on your activity and those of others. Your activity on this service can
help develop and improve products and services.
Purposes include
 * Purpose 2: Use limited data to select advertising
 * Purpose 3: Create profiles for personalised advertising
 * Purpose 4: Use profiles to select personalised advertising
 * Purpose 7: Measure advertising performance
 * Purpose 9: Understand audiences through statistics or combinations of data
   from different sources
 * Purpose 10: Develop and improve services

Store and/or access information on a device
Cookies, device or similar online identifiers (e.g. login-based identifiers,
randomly assigned identifiers, network based identifiers) together with other
information (e.g. browser type and information, language, screen size, supported
technologies etc.) can be stored or read on your device to recognise it each
time it connects to an app or to a website, for one or several of the purposes
presented here.

Manage preferences
Reject allAccept all
Manage Privacy Preferences



We and our vendors use cookies and similar methods (“Cookies”) to recognize
visitors and remember their preferences. We also use them for a variety of
purposes, including analytics, to measure marketing effectiveness and to target
and measure the effectiveness of ads. You can accept or reject the use of
Cookies for individual purposes below. If you previously accepted these methods
through our prior banner, then we will use your data for targeting.



 * Purposes
 * Features
 * Vendors

Below, you will find a list of the purposes and special features for which your
data is being processed. You may exercise your rights for specific purposes,
based on consent or legitimate interest, using the toggles below.
ConsentLegitimate interest
Purposes
Store and/or access information on a deviceOff

Cookies, device or similar online identifiers (e.g. login-based identifiers,
randomly assigned identifiers, network based identifiers) together with other
information (e.g. browser type and information, language, screen size, supported
technologies etc.) can be stored or read on your device to recognise it each
time it connects to an app or to a website, for one or several of the purposes
presented here.

Most purposes explained in this notice rely on the storage or accessing of
information from your device when you use an app or visit a website. For
example, a vendor or publisher might need to store a cookie on your device
during your first visit on a website, to be able to recognise your device during
your next visits (by accessing this cookie each time).

Vendors we use for this purpose176 vendor(s)

 * 6sense
 * A.Mob
 * ADventori
 * Aarki
 * AcuityAds
 * AdElement Media Solutions
 * AdGear
 * AdKernel
 * AdSpirit AdServer
 * AdTheorent

1-10 of 176




Use limited data to select advertisingOff

Advertising presented to you on this service can be based on limited data, such
as the website or app you are using, your non-precise location, your device type
or which content you are (or have been) interacting with (for example, to limit
the number of times an ad is presented to you).

A car manufacturer wants to promote its electric vehicles to environmentally
conscious users living in the city after office hours. The advertising is
presented on a page with related content (such as an article on climate change
actions) after 6:30 p.m. to users whose non-precise location suggests that they
are in an urban zone.

A large producer of watercolour paints wants to carry out an online advertising
campaign for its latest watercolour range, diversifying its audience to reach as
many amateur and professional artists as possible and avoiding showing the ad
next to mismatched content (for instance, articles about how to paint your
house). The number of times that the ad has been presented to you is detected
and limited, to avoid presenting it too often.

Vendors we use for this purpose43 vendor(s)

 * 6sense
 * AcuityAds
 * AdGear
 * AdKernel
 * Adform
 * Advanced store
 * Amazon Ad Server
 * Appier
 * AudienceProject
 * Bannernow

1-10 of 43




Create profiles for personalised advertisingOff

Information about your activity on this service (such as forms you submit,
content you look at) can be stored and combined with other information about you
(for example, information from your previous activity on this service and other
websites or apps) or similar users. This is then used to build or improve a
profile about you (that might include possible interests and personal aspects).
Your profile can be used (also later) to present advertising that appears more
relevant based on your possible interests by this and other entities.

If you read several articles about the best bike accessories to buy, this
information could be used to create a profile about your interest in bike
accessories. Such a profile may be used or improved later on, on the same or a
different website or app to present you with advertising for a particular bike
accessory brand. If you also look at a configurator for a vehicle on a luxury
car manufacturer website, this information could be combined with your interest
in bikes to refine your profile and make an assumption that you are interested
in luxury cycling gear.

An apparel company wishes to promote its new line of high-end baby clothes. It
gets in touch with an agency that has a network of clients with high income
customers (such as high-end supermarkets) and asks the agency to create profiles
of young parents or couples who can be assumed to be wealthy and to have a new
child, so that these can later be used to present advertising within partner
apps based on those profiles.

Vendors we use for this purpose130 vendor(s)

 * 6sense
 * A.Mob
 * Aarki
 * AcuityAds
 * AdElement Media Solutions
 * AdGear
 * AdKernel
 * AdSpirit AdServer
 * AdTheorent
 * AdTiming

1-10 of 130




Use profiles to select personalised advertisingOff

Advertising presented to you on this service can be based on your advertising
profiles, which can reflect your activity on this service or other websites or
apps (like the forms you submit, content you look at), possible interests and
personal aspects.

An online retailer wants to advertise a limited sale on running shoes. It wants
to target advertising to users who previously looked at running shoes on its
mobile app. Tracking technologies might be used to recognise that you have
previously used the mobile app to consult running shoes, in order to present you
with the corresponding advertisement on the app.

A profile created for personalised advertising in relation to a person having
searched for bike accessories on a website can be used to present the relevant
advertisement for bike accessories on a mobile app of another organisation.

Vendors we use for this purpose127 vendor(s)

 * 6sense
 * A.Mob
 * ADventori
 * Aarki
 * AcuityAds
 * AdElement Media Solutions
 * AdGear
 * AdKernel
 * AdSpirit AdServer
 * AdTheorent

1-10 of 127




Measure advertising performanceOff

Information regarding which advertising is presented to you and how you interact
with it can be used to determine how well an advert has worked for you or other
users and whether the goals of the advertising were reached. For instance,
whether you saw an ad, whether you clicked on it, whether it led you to buy a
product or visit a website, etc. This is very helpful to understand the
relevance of advertising campaigns.

You have clicked on an advertisement about a “black Friday” discount by an
online shop on the website of a publisher and purchased a product. Your click
will be linked to this purchase. Your interaction and that of other users will
be measured to know how many clicks on the ad led to a purchase.

You are one of very few to have clicked on an advertisement about an
“international appreciation day” discount by an online gift shop within the app
of a publisher. The publisher wants to have reports to understand how often a
specific ad placement within the app, and notably the “international
appreciation day” ad, has been viewed or clicked by you and other users, in
order to help the publisher and its partners (such as agencies) optimise ad
placements.

Vendors we use for this purpose77 vendor(s)

 * 6sense
 * Aarki
 * AcuityAds
 * AdGear
 * AdKernel
 * Adelaide
 * Adform
 * Adikteev
 * Adloox
 * Adnami

1-10 of 77




Understand audiences through statistics or combinations of data from different
sourcesOff

Reports can be generated based on the combination of data sets (like user
profiles, statistics, market research, analytics data) regarding your
interactions and those of other users with advertising or (non-advertising)
content to identify common characteristics (for instance, to determine which
target audiences are more receptive to an ad campaign or to certain contents).

The owner of an online bookstore wants commercial reporting showing the
proportion of visitors who consulted and left its site without buying, or
consulted and bought the last celebrity autobiography of the month, as well as
the average age and the male/female distribution of each category. Data relating
to your navigation on its site and to your personal characteristics is then used
and combined with other such data to produce these statistics.

An advertiser wants to better understand the type of audience interacting with
its adverts. It calls upon a research institute to compare the characteristics
of users who interacted with the ad with typical attributes of users of similar
platforms, across different devices. This comparison reveals to the advertiser
that its ad audience is mainly accessing the adverts through mobile devices and
is likely in the 45-60 age range.

Vendors we use for this purpose27 vendor(s)

 * AdGear
 * Amazon Ad Server
 * Amobee (Nexxen)
 * Appier
 * AudienceProject
 * Bombora
 * Clinch
 * Crimtan
 * Emerse
 * Google Ads

1-10 of 27




Develop and improve servicesOff

Information about your activity on this service, such as your interaction with
ads or content, can be very helpful to improve products and services and to
build new products and services based on user interactions, the type of
audience, etc. This specific purpose does not include the development or
improvement of user profiles and identifiers.

A technology platform working with a social media provider notices a growth in
mobile app users, and sees based on their profiles that many of them are
connecting through mobile connections. It uses a new technology to deliver ads
that are formatted for mobile devices and that are low-bandwidth, to improve
their performance.

An advertiser is looking for a way to display ads on a new type of consumer
device. It collects information regarding the way users interact with this new
kind of device to determine whether it can build a new mechanism for displaying
advertising on this type of device.

Vendors we use for this purpose50 vendor(s)

 * 6sense
 * Aarki
 * AcuityAds
 * AdGear
 * Adelaide
 * Adform
 * Admixer
 * Amazon Ad Server
 * Amobee (Nexxen)
 * Appier

1-10 of 50




Below, you will find a list of the features for which your data is being
processed. You may exercise your rights for special features using the toggles
below.
Features
Match and combine data from other data sources

Information about your activity on this service may be matched and combined with
other information relating to you and originating from various sources (for
instance your activity on a separate online service, your use of a loyalty card
in-store, or your answers to a survey), in support of the purposes explained in
this notice.

Vendors we use for this purpose107 vendor(s)

 * 6sense
 * A.Mob
 * AdGear
 * AdTheorent
 * Adara (Rate Gain)
 * Adelaide
 * Adex (Virtual Minds)
 * Admixer
 * AdsWizz
 * Amazon Ad Server

1-10 of 107




Link different devices

In support of the purposes explained in this notice, your device might be
considered as likely linked to other devices that belong to you or your
household (for instance because you are logged in to the same service on both
your phone and your computer, or because you may use the same Internet
connection on both devices).

Vendors we use for this purpose108 vendor(s)

 * 6sense
 * A.Mob
 * AcuityAds
 * AdElement Media Solutions
 * AdGear
 * AdTheorent
 * Adara (Rate Gain)
 * Adex (Virtual Minds)
 * Adform
 * Adikteev

1-10 of 108




Identify devices based on information transmitted automatically

Your device might be distinguished from other devices based on information it
automatically sends when accessing the Internet (for instance, the IP address of
your Internet connection or the type of browser you are using) in support of the
purposes exposed in this notice.

Vendors we use for this purpose126 vendor(s)

 * 6sense
 * A.Mob
 * Aarki
 * AdElement Media Solutions
 * AdGear
 * AdKernel
 * AdSpirit AdServer
 * AdTheorent
 * Adacado
 * Adara (Rate Gain)

1-10 of 126




Special features
Use precise geolocation dataOff

With your acceptance, your precise location (within a radius of less than 500
metres) may be used in support of the purposes explained in this notice.

Vendors we use for this purpose64 vendor(s)

 * A.Mob
 * AdElement Media Solutions
 * AdGear
 * AdKernel
 * AdTheorent
 * Adacado
 * Admixer
 * Adrule mobile
 * AdsWizz
 * Amnet GmbH

1-10 of 64




Actively scan device characteristics for identificationOff

With your acceptance, certain characteristics specific to your device might be
requested and used to distinguish it from other devices (such as the installed
fonts or plugins, the resolution of your screen) in support of the purposes
explained in this notice.

Vendors we use for this purpose23 vendor(s)

 * A.Mob
 * AdKernel
 * AdTheorent
 * Adcell (Firstlead)
 * Amnet GmbH
 * Cheq
 * Fraudlogix
 * Human
 * Hybrid
 * InMobi

1-10 of 23




Below, you will find a list of vendors processing your data and the purposes or
features of processing they declare. You may exercise your rights for each
vendor based on the legal basis they assert.
ConsentLegitimate interest
IAB TCF vendors
6senseIAB TCFOff

6sense stores cookies with a maximum duration of about 730 Day(s). This vendor
also uses other methods like "local storage" to store and access information on
your device.

Privacy policyLegitimate interest disclosure

PurposesRetentionStore and/or access information on a device400 day(s)Create
profiles for personalised advertising400 day(s)Use profiles to select
personalised advertising400 day(s)Use limited data to select advertising400
day(s)Measure advertising performance400 day(s)Develop and improve services400
day(s)

Special purposesRetentionEnsure security, prevent and detect fraud, and fix
errors400 day(s)Deliver and present advertising and content400 day(s)

FeaturesMatch and combine data from other data sourcesLink different
devicesIdentify devices based on information transmitted automatically

Data categoriesIP addressesProbabilistic identifiersBrowsing and interaction
dataNon-precise location dataUsers’ profiles

A.MobIAB TCFOff

A.Mob stores cookies with a maximum duration of about 395 Day(s). This vendor
also uses other methods like "local storage" to store and access information on
your device.

Privacy policy

PurposesRetentionStore and/or access information on a device395 day(s)Use
limited data to select advertising395 day(s)Create profiles for personalised
advertising395 day(s)Use profiles to select personalised advertising395
day(s)Measure advertising performance395 day(s)Understand audiences through
statistics or combinations of data from different sources395 day(s)Develop and
improve services395 day(s)

FeaturesMatch and combine data from other data sourcesLink different
devicesIdentify devices based on information transmitted automatically

Special featuresUse precise geolocation dataActively scan device characteristics
for identification

Data categoriesIP addressesDevice characteristicsDevice identifiersProbabilistic
identifiersAuthentication-derived identifiersBrowsing and interaction
dataUser-provided dataNon-precise location dataPrecise location dataUsers’
profilesPrivacy choices

ADventoriIAB TCFOff

ADventori stores cookies with a maximum duration of about 90 Day(s). These
cookies may be refreshed. This vendor also uses other methods like "local
storage" to store and access information on your device.

Privacy policyLegitimate interest disclosure

PurposesRetentionStore and/or access information on a device400 day(s)Use
limited data to select advertising90 day(s)Use profiles to select personalised
advertising90 day(s)Measure advertising performance400 day(s)

Special purposesRetentionEnsure security, prevent and detect fraud, and fix
errors400 day(s)Deliver and present advertising and content400 day(s)

Data categoriesIP addressesDevice identifiersProbabilistic identifiersBrowsing
and interaction dataUser-provided dataNon-precise location data

AarkiIAB TCFOff

Aarki uses methods like "local storage" to store and access information on your
device.

Privacy policyLegitimate interest disclosure

PurposesRetentionStore and/or access information on a device365 day(s)Use
limited data to select advertising365 day(s)Create profiles for personalised
advertising3650 day(s)Use profiles to select personalised advertising3650
day(s)Measure advertising performance1500 day(s)Develop and improve services365
day(s)

Special purposesRetentionEnsure security, prevent and detect fraud, and fix
errors365 day(s)Deliver and present advertising and content365 day(s)

FeaturesIdentify devices based on information transmitted automatically

Data categoriesIP addressesDevice characteristicsDevice identifiersUser-provided
dataNon-precise location data

AcuityAdsIAB TCFOff

AcuityAds stores cookies with a maximum duration of about 365 Day(s). These
cookies may be refreshed.

Privacy policyLegitimate interest disclosure

PurposesRetentionStore and/or access information on a device180 day(s)Create
profiles for personalised advertising180 day(s)Use profiles to select
personalised advertising180 day(s)Use limited data to select advertising180
day(s)Measure advertising performance180 day(s)Develop and improve services180
day(s)

Special purposesRetentionEnsure security, prevent and detect fraud, and fix
errors180 day(s)Deliver and present advertising and content180 day(s)

FeaturesLink different devices

Data categoriesIP addressesDevice characteristicsDevice
identifiersAuthentication-derived identifiersBrowsing and interaction
dataNon-precise location dataUsers’ profilesPrivacy choices

AdElement Media SolutionsIAB TCFOff

AdElement Media Solutions stores cookies with a maximum duration of about 365
Day(s). These cookies may be refreshed.

Privacy policyLegitimate interest disclosure

PurposesRetentionStore and/or access information on a device180 day(s)Use
limited data to select advertising180 day(s)Create profiles for personalised
advertising90 day(s)Use profiles to select personalised advertising90
day(s)Measure advertising performance180 day(s)Understand audiences through
statistics or combinations of data from different sources90 day(s)Develop and
improve services180 day(s)

Special purposesRetentionEnsure security, prevent and detect fraud, and fix
errors180 day(s)Deliver and present advertising and content180 day(s)

FeaturesLink different devicesIdentify devices based on information transmitted
automatically

Special featuresUse precise geolocation data

Data categoriesIP addressesDevice characteristicsDevice identifiersBrowsing and
interaction dataUser-provided dataNon-precise location dataPrecise location
dataUsers’ profilesPrivacy choices

AdGearIAB TCFOff

AdGear stores cookies with a maximum duration of about 395 Day(s). This vendor
also uses other methods like "local storage" to store and access information on
your device.

Privacy policyLegitimate interest disclosure

PurposesRetentionStore and/or access information on a device395 day(s)Create
profiles for personalised advertising395 day(s)Use profiles to select
personalised advertising395 day(s)Use limited data to select advertising395
day(s)Measure advertising performance395 day(s)Understand audiences through
statistics or combinations of data from different sources395 day(s)Develop and
improve services395 day(s)

Special purposesRetentionEnsure security, prevent and detect fraud, and fix
errors395 day(s)Deliver and present advertising and content395 day(s)

FeaturesMatch and combine data from other data sourcesLink different
devicesIdentify devices based on information transmitted automatically

Special featuresUse precise geolocation data

Data categoriesIP addressesDevice characteristicsDevice identifiersProbabilistic
identifiersAuthentication-derived identifiersBrowsing and interaction
dataUser-provided dataNon-precise location dataUsers’ profilesPrivacy choices

AdKernelIAB TCFOff

AdKernel stores cookies with a maximum duration of about 18 Day(s). These
cookies may be refreshed.

Privacy policyLegitimate interest disclosure

PurposesRetentionStore and/or access information on a device180 day(s)Create
profiles for personalised advertising180 day(s)Use profiles to select
personalised advertising180 day(s)Understand audiences through statistics or
combinations of data from different sources180 day(s)Develop and improve
services180 day(s)Use limited data to select advertising180 day(s)Measure
advertising performance180 day(s)

Special purposesRetentionEnsure security, prevent and detect fraud, and fix
errors180 day(s)Deliver and present advertising and content180 day(s)

FeaturesIdentify devices based on information transmitted automatically

Special featuresUse precise geolocation dataActively scan device characteristics
for identification

Data categoriesIP addressesDevice identifiersNon-precise location dataPrecise
location dataUsers’ profiles

AdSpirit AdServerIAB TCFOff

AdSpirit AdServer stores cookies with a maximum duration of about 30 Day(s).
These cookies may be refreshed.

Privacy policyLegitimate interest disclosure

PurposesRetentionStore and/or access information on a device60 day(s)Use limited
data to select advertising14 day(s)Create profiles for personalised
advertising60 day(s)Use profiles to select personalised advertising60
day(s)Measure advertising performance14 day(s)Understand audiences through
statistics or combinations of data from different sources60 day(s)

Special purposesRetentionEnsure security, prevent and detect fraud, and fix
errors60 day(s)Deliver and present advertising and content60 day(s)

FeaturesIdentify devices based on information transmitted automatically

Data categoriesIP addressesDevice characteristicsDevice identifiersProbabilistic
identifiersBrowsing and interaction dataNon-precise location dataUsers’
profilesPrivacy choices

AdTheorentIAB TCFOff

AdTheorent stores cookies with a maximum duration of about 730 Day(s). These
cookies may be refreshed.

Privacy policyLegitimate interest disclosure

PurposesRetentionStore and/or access information on a device365 day(s)Use
limited data to select advertising365 day(s)Create profiles for personalised
advertising365 day(s)Use profiles to select personalised advertising365
day(s)Measure advertising performance365 day(s)Understand audiences through
statistics or combinations of data from different sources365 day(s)Develop and
improve services365 day(s)

FeaturesMatch and combine data from other data sourcesLink different
devicesIdentify devices based on information transmitted automatically

Special featuresUse precise geolocation dataActively scan device characteristics
for identification

Data categoriesIP addressesDevice characteristicsDevice identifiersProbabilistic
identifiersNon-precise location dataPrecise location dataPrivacy choices

1-10 of 317

SaveReject allAccept all
Skip to contentSkip to site index
Search & Section Navigation
Section Navigation
SEARCH

SUBSCRIBE FOR €0.50/WEEKLog in
Friday, February 23, 2024
Today’s Paper
SUBSCRIBE FOR €0.50/WEEK
Opinion|Samuel Alito Opened the Door to Reproductive Hell

https://www.nytimes.com/2024/02/23/opinion/alabama-embroyo-dobbs-reproductive-freedom.html
 * Share full article
 * 
 * 
 * 975

Advertisement

SKIP ADVERTISEMENT



Opinion

Supported by

SKIP ADVERTISEMENT



Jamelle Bouie


SAMUEL ALITO OPENED THE DOOR TO REPRODUCTIVE HELL

Feb. 23, 2024

Credit...Stefani Reynolds for The New York Times

 * Share full article
 * 
 * 
 * 975
 * Read in app
   

By Jamelle Bouie

Opinion Columnist

Despite the lofty and expansive rhetoric of his majority opinion in Dobbs v.
Jackson Women’s Health Organization, Justice Samuel Alito insisted throughout
the text that the actual decision was more modest than it might appear. The end
of Roe, he said, was not the end of abortion access as much as it was the
beginning of a new era of democratic deliberation and decision-making. No longer
shackled by a prior dictate of the Supreme Court, the people were free to
choose. “It is time to heed the Constitution and return the issue of abortion to
the people’s elected representatives,” Alito wrote.

But, as the legal scholars Melissa Murray and Kate Shaw (who is also a
contributing Opinion writer) argue in a recent article in the Harvard Law
Review, it is difficult to square Alito and the Dobbs majority’s paeans to
democracy with their pointed hostility to both voting rights and equal
representation. “Viewing the Roberts Court’s many interventions in this sphere
in tandem,” they write, “it is clear that this is a court that no longer
understands itself as largely or primarily functioning to facilitate the
exercise of meaningful democracy in these ways; rather, in many instances, it
appears to be actively working to undermine these goals.”

There was more at work in the Dobbs opinion than the majority’s disingenuous
concern for democratic participation. Alito and his conservative colleagues did
not just open the door to new abortion restrictions; they took aim at broader
rights to bodily autonomy and personal freedom while laying the groundwork for
the divisive notion of fetal personhood — an idea that, for all the court’s talk
of democracy, is fundamentally incompatible with any modern notion of equal
citizenship.

As Murray and Shaw observe, “The court’s repeated references to ‘fetal life,’
‘potential life,’ and ‘unborn human being[s]’ may have been designed” to
“broadcast receptivity to such claims to litigants and lower courts.” What’s
more, some courts have already “eagerly embraced this fetus-forward posture.”



Advertisement

SKIP ADVERTISEMENT



One of those courts, it appears, is the Alabama Supreme Court, which ruled last
week that frozen embryos in fertility clinics were “extrauterine children”
subject to an 1872 state law allowing parents to sue over the wrongful death of
a minor. “Even before birth, all human beings bear the image of God, and their
lives cannot be destroyed without effacing his glory,” Chief Justice Tom Parker
wrote in a concurring opinion, in which he also quoted directly from the Book of
Jeremiah.

The Alabama court’s ruling rests on a broad interpretation of the state law in
question. As Justice Greg Cook wrote in his dissent from the 8-to-1 decision, “I
dissent because the main opinion violates this fundamental principle — that is,
that the legislative branch and not the judicial branch updates laws — by
expanding the meaning of the Wrongful Death Act beyond what it meant in 1872
without an amendment by the Legislature.”

Subscribe to The Times to read as many articles as you like.



Jamelle Bouie became a New York Times Opinion columnist in 2019. Before that he
was the chief political correspondent for Slate magazine. He is based in
Charlottesville, Va., and Washington. @jbouie

Read 975 Comments
 * Share full article
 * 
 * 
 * 975
 * Read in app
   





Advertisement

SKIP ADVERTISEMENT




COMMENTS 975

Samuel Alito Opened the Door to Reproductive HellSkip to Comments
Share your thoughts.
The Times needs your voice. We welcome your on-topic commentary, criticism and
expertise. Comments are moderated for civility.




SITE INDEX




SITE INFORMATION NAVIGATION

 * © 2024 The New York Times Company

 * NYTCo
 * Contact Us
 * Accessibility
 * Work with us
 * Advertise
 * T Brand Studio
 * Your Ad Choices
 * Privacy Policy
 * Terms of Service
 * Terms of Sale
 * Site Map
 * Canada
 * International
 * Help
 * Subscriptions

 * Manage Privacy Preferences



Enjoy unlimited access to all of The Times.

See subscription options