If Roe v Wade were to be definitively cast aside next month, as had been widely predicted, women would be confronted with a maze of abortion rules depending on their home state
Save time by listening to our audio articles as you multitaskOn May 2nd Justice Alito’s draft opinion was published by Politico, an American news outlet, more than a month before its expected release. It was a shocking breach of the court’s norms of discretion and deliberation. John Roberts, the chief justice, confirmed the draft’s authenticity and swiftly ordered an investigation.
Democrats plainly hope that the shock of such a decision would limit their expected mid-term losses. Sean Maloney, who leads the Democratic Congressional Campaign Committee, has called abortion “the central choice in the 2022 election”.seems unpopular. Polling from Gallup shows that only 32% of Americans favoured striking down the precedent, compared with 58% who would have kept it. In other ways, though, public opinion is ambivalent.
Another strain of wishful thinking among Democrats concerns the coherence of their opponents. The hope that judicial power would overturnhas for decades bonded seemingly disparate allies in the conservative legal movement: the largely evangelical religious right, the tuxedoed Rockefeller Republicans and the Trumpist nationalists. Having carried out its mission, the fellowship of the right might dissolve. For now, this seems unlikely.
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