It’s worse than you think. The leaked decision has Alito saying he has a problem with any unenumerated right. That puts more than Roe in his crosshairs:
- The right to interracial marriage (Loving v. Virginia),
- The right to obtain contraceptives (Griswold v. Connecticut)
- The right to engage in private, consensual sexual acts (Lawrence v. Texas)
- The right to same-sex marriage (Obergefell v. Hodges).
We’d be fools to think they really are only after Roe.
Alito’s draft argues that rights protected by the Constitution but not explicitly mentioned in it — so-called unenumerated rights — must be strongly rooted in U.S. history and tradition. That form of analysis seems at odds with several of the court’s recent decisions, including many of its rulings backing gay rights. SOURCE
IIRC Ex Post Facto laws only apply to criminal laws. So, they could wipe out all the above.