Dobbs: Looking Back, Looking Forward
June 29, 2022
Justice Alito’s opinion laying out why “Roe and Casey must be overruled” is a masterpiece of dignified but nonetheless devastating criticism. He makes a formidable case not only for reversing Roe argument but for crowning it as the worst reasoned opinion in the Court’s history. Alito surely makes a better case than John Ely did for his memorable put-down of Harry Blackmun’s handiwork: that Roe was “not constitutional law and gives almost no sense of an obligation to try to be.” Alito quotes this “infamous” line in Dobbs. Now he can own it.
The leading competitor mentioned...