'Alito’s opinion, apparently joined by four other justices to form a majority, would put into place a legal standard that would open the door to absolute abortion bans at any time and for any reason,' explains irin
Photo: Kevin Dietsch/Getty Images Late Monday night, Politico shook the earth with something no one in modern times has seen before: a prepublication draft majority opinion from the Supreme Court that would upend the lives of millions of Americans by unequivocally overturning Roe v. Wade and Planned Parenthood v. Casey.
The Court’s typical process is to take an initial vote in its private conference in the days following argument; then the writing of opinions are tentatively assigned by the chief justice or, if he’s in the minority, the most senior justice in the majority. According to Politico’s source, this outcome had five votes in conference, and “how Chief Justice John Roberts will ultimately vote, and whether he will join an already written opinion or draft his own, is unclear.
Almost immediately after it posted, the draft opinion invited theories about who would leak it and why given the unprecedented affront to the court’s confidentiality norms: To the longstanding argument, repeated by conservative justices in their nomination hearings, that Roe would be protected by respect for precedent, Alito responds that that principle “does not compel unending adherence to Roe’s abuse of judicial authority.” The answer, he says, “is to return the issue of abortion to the people’s elected representatives.” He expends considerable energy trashing the opinions in Roe and the 1992 opinion that reaffirmed it, Planned Parenthood vs. Casey.
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