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The leak itself is enough to shape legal precedent, it's made clear that the majority of the court believes that "Roe was deeply flawed". The only way for this
by lumost 5y ago
The leak itself is enough to shape legal precedent, it's made clear that the majority of the court believes that "Roe was deeply flawed". The only way for this to change would be for the court to explicitly rebuke the arguments in the leaked draft in the new majority opinion.
- AnimalMuppet 5y agoI don't think "precedent" works the way for first sentence seems to think it does. The final decision will be precedent; drafts are not. And, "the majority believes that Roe is flawed" is interesting information, but it also is not any kind of precedent. Decisions are going to depend on the details of the case before the court.
- Maursault 5y agoPrecedent occurs when a decision is challenged and upheld. If Roe is struck down, that will not be precedent, but overturning precedent, since Row was challenged and upheld in Casey. For a decision overturning Roe to become precedent, it would need to survive at least one future challenge.