Politico just published what it says is an early draft of a majority opinion in which the Court formally overrules Roe v Wade. The reporting suggests that all the Republican-appointed Justices other than Roberts are supporting the opinion and the decision. Alito is the author of the opinion. It’s not clear whether Roberts may support the decision, will write a concurring opinion or won’t support the decision at all. It’s sobering, shocking to see the words, “We hold that Roe and Casey must be overruled,” which the opinion reportedly contains. And yet, really it’s not surprising at all. This has been an open secret for months. Indeed it was inevitable the moment Amy Coney Barrett joined the Court. Still, seeing it … In a different way what’s more surprising is that a draft opinion leaked. As far as I know that’s totally unprecedented. Certainly I don’t think it’s ever happened in a high profile case. And here we are.
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1414289