Legal Reasoning Can’t Settle Abortion-Rights Fight: Noah Feldman (Correct)

In his draft of a Supreme Court opinion intended to overturn Roe v. Wade, Justice Samuel Alito denounces the landmark 1973 abortion-rights precedent as “egregiously wrong” in its basic reasoning.

The decision, he argues, was mistaken when it found a privacy right to abortion in the due process clause of the Constitution. Alito is equally dismissive of the reasoning of the 1992 decision, Casey v. Planned Parenthood, in which the Supreme Court revised the rationale for the right to choose and offered a theory of autonomy as an alternative to Roe’s reliance on privacy.

Alito’s argument that Roe did not ...