Some think the Roe draft opinion is a road map for future challenges to civil rights rulings.

“Left to his own devices, Justice Alito would happily welcome challenges to many of the Court’s foundational fundamental rights decisions,” said Leah Litman, a professor at the University of Michigan Law School. “The critiques he levels at Roe — it’s not in the constitutional text; there aren’t early state constitutional provisions or early state or federal court decisions recognizing the right — apply to those other rights, and he’d happily overrule them if he could.”

Jim Obergefell, the lead plaintiff in the same-sex marriage case, who is now trying to enter politics, said in an interview with CNN that Alito’s draft opinion “scares” him for that reason.

“It scares the daylights out of me because many of the rights we enjoy — especially the LGBTQ + community — are based on unenumerated rights under the 14th Amendment, the right to privacy,” Obergefell said. “And the belief that if the Constitution doesn’t specifically in writing outline that right, i.e. the right to privacy, then all of those rights that have been affirmed for us that are based on the right to privacy under the 14th Amendment are at risk. “