egal experts: Alito's leaked decision also calls into question laws on birth control, privacy and same-sex marriage
“We hold that Roe and Casey must be overruled," Alito writes, according to Politico. "The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision....”
In the past Chief Justice John Roberts has said that he wanted to remove the "viability" clause from the Roe decision, which is the way of essentially overturning the law without saying it.
According to Alito, "Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives."
Legal analyst Harry Litman of the Los Angeles Times noted that for Alito to have written the opinion means that Chief Justice John Roberts assigned it to him. It's an interesting choice, Litman said, because Alito is "the least gifted and powerful writer probably of the 5."
Here we go!