NEW: 'We hold that Roe and Casey must be overruled,' Justice Alito writes in an initial majority draft circulated inside the court. MsReads via politico
The legacy of Plessy v. FergusonBrown v. Board of Education: “It was ‘egregiously wrong,’ on the day it was decided.”
Alito’s draft opinion ventures even further into this racially sensitive territory by observing in a footnote that some early proponents of abortion rights also had unsavory views in favor of eugenics. Alito also addresses concern about the impact the decision could have on public discourse. “We cannot allow our decisions to be affected by any extraneous influences such as concern about the public’s reaction to our work,” Alito writes. “We do not pretend to know how our political system or society will respond to today’s decision overruling. And even if we could foresee what will happen, we would have no authority to let that knowledge influence our decision.
“Why don’t the safe haven laws take care of that problem?” asked Barrett, who adopted two of her seven children. “Until the latter part of the 20th century, there was no support in American law for a constitutional right to obtain an abortion. Zero. None. No state constitutional provision had recognized such a right,” Alito adds.
Alito’s draft opinion rejects the idea that abortion bans reflect the subjugation of women in American society. “Women are not without electoral or political power,” he writes. “The percentage of women who register to vote and cast ballots is consistently higher than the percentage of men who do so.”
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