The leaked draft Supreme Court decision overruling Roe v. Wade has a fatal flaw, according to the off-air legal analyst for MSNBC's "The Rachel Maddow Show."
"Beyond the practical consequences of overturning Roe, however, then there are the legal analyses of Justice Samuel Alito's draft. Before detailing why that draft is so flawed legally, a brief outline of Justice Alito's approach is in order. In concluding that Roe and Casey 'must be overruled,' Alito reasons that because 'the Constitution makes no reference to abortion,' the right to abortion, like any right purportedly implicit in the Constitution, can be recognized only if it is 'deeply rooted in this Nation's history and tradition' and 'implicit in the concept of ordered liberty.'"
