Draft opinion overruling Roe leaked
By 
Here we go. I will have more about this in the coming days, but a few points about it:
- Whoever leaked this is a hero, and the more the Court become demystified in general the better.
- Interesting to assign the opinion to Alito rather than ACB; they just don’t give a fuck any more and don’t need to.
- The opinion is incredibly thin and unpersuasive — Alito actually used the junior high school debate society “durr, the Constitution does not mention the word ‘abortion,’ durr” argument twice in the first few grafs of the opinion. It even starts like a bad generic freshman essay:
“The debate about abortion is as old as the history of history itself” https://t.co/hG2db27124— Scott Lemieux (@LemieuxLGM) May 3, 2022
It’s also worth noting that Alito’s incredibly narrow conception of due process would logically require all of the major privacy cases to be overruled:
The draft sets out a vision of substantive due process as inflexible — a right exists only if it’s been recognized for generations. No room for constitutional change to match a more tolerant and enlightened society. A recipe for no Roe OR Griswold OR Obergefell. https://t.co/hysbD3EUO0 pic.twitter.com/yw6ajomViy— Hannah (@hannnahmmarie) May 3, 2022
No Lawrence, either! Ah well, at least the electorate in 2016 got a very extensive seminar on email server management best practices!
A justice who *twice voted to strike down the ACA in its entirety* based on embarrassingly dumb arguments citing the increased availability of health care for pregnant women as a reason to overrule Roe is just really much, much too much to have to tolerate https://t.co/E6DWLFADFR— Scott Lemieux (@LemieuxLGM) May 3, 2022
…I suspect Paul will be weighing in on this but there will be so much of this “but muh norms!” piety going on:
It’s not one of the 50 most unforgivable things to happen within the court since John Roberts was confirmed.