In a crowning achievement of the conservative legal movement, the Supreme Court has—at long last!—overturned Roe v. Wade and restored abortion policy to our democratic processes. On a quick review, Justice Alito’s majority opinion in Dobbs v. Jackson Women’s Health Organization is essentially the same as the draft that was leaked more than seven weeks ago (and which I summarized here). That isn’t surprising, as the countless criticisms of the draft ranged from the insubstantial to the ridiculous.
Alito and the other four members of the majority—Justices Thomas, Gorsuch, Kavanaugh, and Barrett— deserve ardent praise for their fidelity to the Constitution and for their courage. Even before the leak, the justices were subject to intense pressures that many armchair critics seem oblivious to. It would have been very tempting to look for a way to capitulate to these pressures, but these justices all remained strong.