SHAPIRO: Draft Supreme Court Majority Opinion Leaks STRIKING DOWN Roe v. Wade. Here’s What All Of That Means.

SHAPIRO: Draft Supreme Court Majority Opinion Leaks STRIKING DOWN Roe v. Wade. Here’s What All Of That Means.


Late on Monday evening, May 2, Politico broke a world-shattering story: it posted an exclusive leak of a purported majority opinion in Dobbs v. Mississippi (2022), the case considering whether or not Roe v. Wade (1973), which created out of whole cloth a right to abortion, ought to be overruled.

That majority opinion was written by Justice Samuel Alito; it rejected in totality both Roe and the entire chain of cases following therefrom, including Planned Parenthood v. Casey (1992). The draft decision states:

It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives…This is what the Constitution and the rule of law demand.

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The draft opinion, which is almost certainly authentic – it reads like Justice Alito, and utterly dismantles the legal non-reasoning of Roe and Casey – would amount to a

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