SHAPIRO: The End Of The Road For Roe?

SHAPIRO: The End Of The Road For Roe?


This week, an anonymous leaker violated generations of Supreme Court norms by passing on to Politico a draft decision by Justice Samuel Alito in Dobbs v. Mississippi, the case considering overturning Roe v. Wade (1973). That draft decision, reportedly supported by a majority of the Court including Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, junks Roe in its entirety, denying the existence of any Constitutional “right to abortion”; the majority opinion also trashes Roe’s follow-up case, Planned Parenthood v. Casey (1992), which substituted a vague and unworkable “undue burden” test to determine whether or not a law restricting abortion was unconstitutional in place of Roe’s trimester framework. Alito writes, “The Constitution does not prohibit the citizens of each State from regulating

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