Is Roe v Wade Doomed? The Leaked Alito Decision

Send us Fan MailOn May 2, 2022, the draft In 1973 the Supreme Court handed down its stunning decision, Roe v Wade, decriminalizing abortion and declaring that women had a constitutional right to privacy in their health decisions.   After 49 years, almost every child-bearing age female has grown up under this ruling.  But the Republican Party has spent 49 years committed to overturning it.  Today the Supreme Court has a 5-person bloc of Originalist Justices who have made a decision to overturn Roe and its companion Casey.  Justice Alito wrote the decision, which will probably be released in June.  On May 2, the draft leaked. This was the first time such a thing has happened. The response was stunned outrage by abortion rights advocates.  We might have anticipated that Republicans would be dancing in the streets, but they were largely silent, preferring to discuss the leak than the decision.  It was Democrats who took to the streets with rallies and demonstrations. This is a discussion and analysis of the draft decision, which the Chief Justice confirmed was authentic. I found this podcast hard to write.  You may find it hard to listen to.  It is filled with different legal concepts and arguments.  Some of those arguments irritated me. Note:  This podcast is not about abortion.  It is about the Alito decision.   Oops.  Did I say Joseph Alito?  I meant Samuel Alito.