Season 2, Episode 18 (Show 70): Woe is Roe

May 4, 2022

A draft has leaked of a possible majority opinion in the Dobbs abortion case.  We analyze.

CLE credit is available after listening by visiting podcast.njsba.com.

The bombshell news this week was the leak of a purported majority opinion of the Court in the Dobbs case – the Mississippi abortion 15 week law.  Needless to say, the media were breathless in short order, and apocalyptic articles began to appear everywhere.  For our part, we read the draft opinion and have a dissection and analysis of it start to finish for you.  We also discuss some previous Supreme Court leaks, and ask what arguments Justice Alito may have missed, which may be a preview of dissents to come.

Show Notes:

Purported draft Opinion of the Court in Dobbs

What all the fuss is about; the draft opinion, as linked from Politico’s website.

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The Wages of Crying Wolf - John Hart Ely

The classic article by John Hart Ely, famous liberal law professor, decrying the flawed (as he saw it) logic of Roe.  Cited on several occasions by Justice Alito in the draft opinion this week.

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The Document and the Doctrine - Akhil Reed Amar

The page in this 1999 article, authored by Professor Amar, in the forward to the Harvard Law Review, cited by Justice Alito in the draft opinion.

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