Prior courts have used this provision of the Constitution as the textual hook to protect not just procedural rights but unenumerated substantive rights, including rights to interracial marriage, same-sex marriage, and contraceptives. Alito distinguishes the long line of cases recognizing the rights to interracial marriage; to obtaining contraceptives; to engaging in private, consensual sexual acts; and to same-sex marriage by noting that abortion “destroys” what Roe and Casey call “potential life” and what the Mississippi law at issue in the current case “regards as the life of ‘an unborn human being.’” If Alito’s draft opinion answers whether the Constitution does protect abortion, it does not answer whether states should protect abortion.