Supporters of reproductive rights should get angry — and then go vote, the Editorial...
of banning abortions and forcing women to carry unplanned pregnancies to term, especially in families already struggling to provide for other children, are well-documented. In Texas, where health care is regarded as a luxury for some and not all, and birth control is harder to access as familyIn Alito’s opinion, the majority strikes down the seminal 1973 Texas decision, Roe v Wade, in its entirety, finding that it was “egregiously wrong” when it was decided.
Alito concludes they have not. “On the contrary,” he writes, “an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of our common law.”That’s not as clear-cut as he makes it, however. In Roe, Justice Harry Blackmun also reviewed the history of abortion, from ancient times to the present. He concluded that American statutes making abortion a crime were relatively recent, dating only to the mid-19th Century.
The opinion circulated Monday evening is a nonbinding draft, subject to change. That it was leaked at all is disturbing — no such leak of a draft opinion has ever occurred in the modern history of the court. Chief Justice John Roberts said Tuesday that the court would investigate the breach, which he called a “betrayal.” The scandal will certainly strain trust within the court and won’t help shore up Americans’ trust in the institution itself.
wouldn’t be unheard of for one of the four other conservatives signing onto Alito’s draft opinion — Clarence Thomas, Brett Kavanaugh, Neil Gorsuch and Amy Coney Barrett — to reconsider between now and when the final decision is issued, probably in June.
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