A leaked draft Supreme Court opinion is potentially momentous, and certainly eye-opening
President Bush watches judge Samuel Alito, right, speak after he announced Alito as his new nominee for the Supreme Court, Monday, Oct. 31, 2005, in the Cross Hall of the White House in Washington. Seventeen years later, Alito has drafted an opinion that would overturn Roe v. Wade, the landmark 1973 legalizing abortion.This was a demoralizing week for many Americans, a week that left many wondering what kind of country this actually is and what our political leaders are even doing.
“I think that we will resurrect that case and challenge this issue again because the expenses are extraordinary and the times are different than when Plyler v. Doe was issued many years ago,” said Abbott, a conservative Republican whose demagoguery on the immigration issue seemingly knows no limits. Abbott wants to “resurrect that case” despite the fact that Texans see public education as a public good and realize that no one benefits from the deliberate immiseration of such immigrants. In fact, there’s a mainstream consensus around both of those points in Texas, such that in 2001 we adopted a state-level DREAM Act, extending in-state tuition rates to noncitizen residents of the state.
Or Griswold, for example: It may seem absurd to suggest that citizens of the United States in the 21st century could lose the right to use contraceptives as part of a more general right to privacy in their own bedrooms. At some level, it is absurd, to think that we could return to a world in which such a basic and obvious freedom is subject to state scrutiny.
In light of such facts, it’s tendentious to accuse Democrats of overreacting, or crying wolf, in the wake of the leaked Dobbs opinion.
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