So we have a leak and it appears the Supremos are sending Roe v. Wade and Casey v. Planned Parenthood to the dustbin of history. A few very brief thoughts:
- Justice Alito is right: Roe was always built on a foundation of nothing. Justice White was also correct when Roe was decided. Roe was an exercise of raw judicial power. And raw power is always used eventually.
- And if we’re in housekeeping season, now do Wickard v. Filburn.
- The Dobbs ruling, assuming it goes through, changes nothing in Minnesota. Abortion is legal by statute here.
- The leak itself is awful for the Court, but it was also inevitable. There was always an incentive to break this particular taboo and the leaker will be celebrated, not punished. MSNBC will have a corner office prepared by EOB today.
- I don’t know what Chief Justice John Roberts will do, but it’s going to be another opportunity for him to go peak weasel.
- One unanswered question — does Dobbs apply to pregnant men?
The usual caveats about interesting times are in full effect.