4 ms·
Or, option (d), the court intends to neither overturn Roe nor the lower court ruling in Dobbs, and deliberately leaked a draft written by the most inflammatory
by octoberfranklin 4y ago
Or, option (d), the court intends to neither overturn Roe nor the lower court ruling in Dobbs, and deliberately leaked a draft written by the most inflammatory member of the court in order to show people "look it could have been worse". These are, after all, seven of the smartest people in the legal profession. I suspect that they intend to overturn only some very technical aspect of Dobbs appeal and remand it back to the appellate court for further proceedings.
I can almost imagine the conversation between Roberts and Alito: "hey Sam, the debate is pretty evenly split here; why don't you draft us up the text that you'd publish if things lean your way? Then we'd have something tangible to pick through."
- poofsoda 4y agoOut of curiosity, who are the two that you don’t consider the smartest people in the legal profession? I have my ideological qualms with a few justices but would likely consider all nine to be among the smartest people in the legal profession.