.neal_katyal discusses what the shocking leak means for the future of abortion rights in America—and for the Supreme Court.
a draft of a Supreme Court majority opinion written by Justice Samuel Alito that would overturn Roe v. Wade, the landmark 1973 decision that guaranteed a constitutional right to abortion in certain circumstances, and limited the ability of states to ban abortion procedures. In the draft, Alito writes that the Constitution makes “no reference to abortion, and no such right is implicitly protected by any constitutional provision. . . .
So then that draft gets circulated and the senior-most Justice in dissent assigns the dissent to himself or someone else. Here the senior-most Justice would be either [Stephen] Breyer or the Chief Justice, if he is dissenting. And they would start writing their opinion. Sometimes you would have a give-and-take, between the dissent and the majority, where the dissent says something really powerful and the majority thinks, That makes a good point.
I know Alito is extremely conservative, but I haven’t heard him associated with a Borkist ideology much before. Is that new? I am not a Court expert, but— Right, and I know you are a fan of Coney Barrett. You said she was “brilliant” and a “lovely person” and so on.I am trying to reflect on this larger issue of people in the legal community knowing one another and being friends, and I am sure lots of them are lovely people, but that shouldn’t be the focus, and nor should the quality of their jurisprudence. It’s about their political values.
I’m worried about the Court right now and its ability to act in a way that upholds our principles. A decision like this draft gravely, gravely worries me because it is as huge a step back for women in reproductive justice as anything in our lifetimes.
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