Samuel Alito, joined by four fellow extremists from the Federalist Society, states in his draft opinion that abortion was never mentioned in the Constitution, and therefore, under Originalism, may not be added as an unenumerated privacy right by activist federal judges flexing their judicial muscle, beyond appeal, beyond ethics.
Note that slavery is not mentioned in the Constitution either, except obliquely as “such persons as the states shall see fit to admit” and “three fifths of all other persons”. Nonetheless slavery was vigorously enforced at law under perfectly constitutional federal statutes like the Fugitive Slave Acts and all that followed, up to the present day.
Alito’s probably not too happy about the outcome of the Civil War and all those messy amendments giving rights to people who never had them and more powers to the federal union than the Founding Fathers, in their almost divine wisdom, provided for. His ilk believe that all unenumerated rights, like the right to vote in federal elections, are best left up to the independent state legislatures, under the poison pill doctrine set out as dicta in Bush v. Gore…
Nothing activist about these five activist fucks, though. Ask Ginni Thomas.