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Reason
Reason
Politics
Elizabeth Nolan Brown

Alito's Draft Opinion That Would Overturn Roe Is a Disaster of Legal Reasoning

The leaked draft of a Supreme Court opinion overturning Roe v. Wade continues to spawn confusion, anger, anxiety, and ample predictions. Today I'm going to hone in on some of these reactions to the draft opinion, starting with people questioning some key claims within it.

The February draft—published Monday by Politico and verified as authentic by Chief Justice John Roberts—concerns the case of a 15-week abortion ban in Mississippi (Dobbs v. Jackson Women's Health Organization). It was penned by Justice Samuel Alito and is labeled as the opinion of the Court. In it, Alito writes that the Court must overturn both Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), the main legal precedents upon which abortion rights in America are based.

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