The Atlantic

20 Bold Takes on the <em>Roe </em>Draft Opinion

The conservative case for upholding <em>Roe v. Wade</em>, understanding Justice Alito’s legal reasoning, and more
Source: Al Drago / Bloomberg / Getty

This is an edition of Up for Debate, a newsletter by Conor Friedersdorf. On Wednesdays, he rounds up timely conversations and solicits reader responses to one thought-provoking question. Every Monday, he publishes some thoughtful replies. Sign up for the newsletter here.


Question of the Week

What are your views on abortion?

Email your thoughts to conor@theatlantic.com. I’ll publish a selection of correspondence in Monday’s newsletter.


Conversations of Note

A few years ago, Caitlin Flanagan wrote about what she called “the dishonesty of the abortion debate.”

Her assessment:

This is not an argument anyone is going to win. The loudest advocates on both sides are terrible representatives for their cause. When women are urged to “shout your abortion,” and when abortion becomes the subject of stand-up comedy routines, the attitude toward abortion seems ghoulish. Who could possibly be proud that they see no humanity at all in the images that science has made so painfully clear? When anti-abortion advocates speak in the most graphic terms about women “sucking babies out of the womb,” they show themselves without mercy. They are not considering the extremely human, complex, and often heartbreaking reasons behind women’s private decisions. The truth is that the best argument on each side is a damn good one, and until you acknowledge that fact, you aren’t speaking or even thinking honestly about the issue. You certainly aren’t going to convince anybody. Only the truth has the power to move.

This week, the abortion debate and what will happen if some states ban abortion are top of mind. “The Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court,” Politico reports. “The draft opinion is a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision—Planned Parenthood v. Casey—that largely maintained the right.”

The text of the draft opinion is here.

David French the legal reasoning that Alito used:

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