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Draft opinion overruling Roe leaked


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:

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:

No Lawrence, either! Ah well, at least the electorate in 2016 got a very extensive seminar on email server management best practices!

…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.

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