Although it is shocking that someone in the Supreme Court leaked a purported draft of the opinion overruling Roe v. Wade, no one should be the least bit surprised that it is what the justices are about to do.
The confirmation of Justice Amy Coney Barrett meant that there were five justices who were almost certain votes to overrule Roe. The oral arguments in Dobbs v. Jackson Women’s Health on Dec. 1 erased any doubt when Justices Barrett and Brett Kavanaugh made clear that is how they would vote, joining Justices Clarence Thomas, Samuel Alito and Neil Gorsuch to overrule the 49 year-old precedent that protects a woman’s right to abortion.
The draft of Alito’s majority opinion overruling Roe, which was obtained by Politico, is right-wing Republican politics masquerading as law. In it, Alito declares: