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The real scandal is the opinion


Lithwick is on her A game here:

If this draft opinion becomes precedent of the court, the results will be catastrophic for women, particularly for women in the states that will immediately make abortion unlawful, and in those places, particularly for young women, poor women, and Black and brown women who will not have the time, resources, or ability to travel out of state. The court’s staggering lack of regard for its own legitimacy is exceeded only by its vicious disregard for the real consequences for real pregnant people who are 14 times more likely to die in childbirth than from terminating a pregnancy. The Mississippi law—the law this opinion is upholding—has no exception for rape or incest. We will immediately see a raft of bans that give rights to fathers, including sexual assailants, and punish with evermore cruelty and violence women who miscarry or do harm to their fetuses. The days of pretending that women’s health and safety were of paramount concern are over….

In other words, in addition to Alito’s sneering references to “abortionists” and eugenics and his gleeful mockery of the authors of both Roe and Casey, anyone who believed the court would pretend to have any solicitude whatsoever—for women, for public opinion, for its own reputation as a moderate branch—was well and truly kidding themselves. This draft opinion, whatever may be done to it in the days to come, is Exhibit A for anyone who believed that time or history or respect for their colleagues or the justices who came before them would moderate the five justices in this current majority, a majority that ought to know it stole its way into a majority but again refuses to even feign self-moderation in the face of that fact. We knew this when Texas’ S.B. 8 law banning abortion after six weeks was decided on the shadow docket in September, and when the court let it stand again this winter. We knew it when we watched the Dobbs arguments last fall. Roe had already been effectively overturned then—we have just had trouble catching up.

The leak was a political act; I’m not sure to what extent it will undermine the legitimacy of the Court but to whatever extent it does this will have been a good thing.

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