SUPREME COURT RELEASING DOBBS OPINON RIGHT NOW, BY ALITO. Roberts concurs. Breyer, Sotomayor, and Kagan dissent. Roe and Casey are overruled.
Scotusblog is liveblogging the announcement.
The opinion is here. “Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.”
Beware the “night of rage” in response.
And from Scotusblog: “Interesting, The majority uses very similar ‘history and tradition’ language that was used in the New York gun case, but this time finding there is no ‘history and tradition’ that grants a constitutional right to an abortion.” It’s hardly surprising that history and tradition might support things with a history and tradition, but not things without a history and tradition, so I don’t think that’s really very interesting. Nor is it contradictory, as this seems to imply. I’m not a big fan of the Scalia history and tradition approach, but it’s a well-laid-out methodology and one that a majority of the Court holds.
Note that the entire release, with opinion, concurrences, dissent is 213 pages, but talking heads are no doubt already speaking as if they’ve read it in its entirety.