Women were nonpersons in U.S. law for a lot longer than they have been persons. If we start overthrowing settled law using Justice Samuel Alito’s justifications, why not repeal votes for women?

Reproductive rights have been the focus of the recent fracas, but only one side of the coin has been visible: the right to abstain from giving birth. The other side of that coin is the power of the state to prevent you from reproducing. The Supreme Court’s 1927 Buck v. Bell decision held that the state may sterilize people without their consent. Although the decision was nullified by subsequent cases, and state laws that permitted large-scale sterilization have been repealed, Buck v. Bell is still on the books. This kind of eugenicist thinking was once regarded as “progressive,” and some 70,000 sterilizations—of both males and females, but mostly of females—took place in the United States. Thus a “deeply rooted” tradition is that women’s reproductive organs do not belong to the women who possess them. They belong only to the state.

Wait, you say: It’s not about the organs; it’s about the babies. Which raises some questions. Is an acorn an oak tree? Is a hen’s egg a chicken? When does a fertilized human egg become a full human being or person? “Our” traditions—let’s say those of the ancient Greeks, the Romans, the early Christians—have vacillated on this subject. At “conception”? At “heartbeat”? At “quickening?” The hard line of today’s anti-abortion activists is at “conception,” which is now supposed to be the moment at which a cluster of cells becomes “ensouled.” But any such judgment depends on a religious belief—namely, the belief in souls. Not everyone shares such a belief. But all, it appears, now risk being subjected to laws formulated by those who do. That which is a sin within a certain set of religious beliefs is to be made a crime for all.