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Alito asks questions Roe’s defenders can’t answer


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MSM/Washington Examiner

Tim Busch and Kevin Stidham

May 28 2022

What makes Justice Samuel Alito’s leaked draft opinion in Dobbs v. Jackson Women's Health Organization so powerful and, for that matter, so powerfully infuriating to the defenders of Roe v. Wade? Simple: Alito masterfully points out the faulty history and legal reasoning on which Roe was based. He correctly points out that the entire enterprise of “constitutional abortion” was flawed from the start, asking questions that abortion’s defenders don’t want answered.


All of Alito’s reasoning points to the ultimate question: What would the right ruling have been in Roe? Had the justices at the time actually reviewed the right history and applied the real Constitution, they would have found that laws made out of “respect for and preservation of prenatal life” were entirely appropriate. Roe could even have ruled that laws allowing a doctor to kill an unborn child intentionally were themselves unconstitutional, given the history and logic of the 14th Amendment. The Roe court could have ended the abortion debate then and there. Instead, it created a monster, which Alito is now attempting to slay.

It is no easy task to write a judicial opinion that will withstand time and scrutiny. The opinions that Supreme Court justices write ought to be accurate, thorough, and well reasoned. Roe failed to meet this standard, consequently doing extraordinary harm to America for nearly 50 years. On the other hand, Alito’s draft not only meets but exceeds this standard. We can only hope the final opinion in Dobbs finishes what Alito started, enabling our country to begin undoing Roe’s damage.

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