Legal experts Mary Ziegler and Ed Whelan join Margaret Hoover to debate the constitutional issues raised by Supreme Court Justice Samuel Alito’s leaked draft opinion that would overturn the court’s landmark 1973 Roe v. Wade decision.
Whelan, a former clerk for Justice Antonin Scalia, outlines the conservative argument against the notion of a constitutional right to abortion and calls Roe v. Wade an example of judicial activism. Ziegler, a legal historian and professor of constitutional law, says Alito’s draft opinion is unnecessarily polarizing in tone and reach even for a court reversing Roe.
The two attorneys look at what several of the justices said during their confirmation hearings about respect for precedent and address whether those past remarks are consistent with overturning Roe. With a final decision expected next month, Ziegler and Whelan offer competing takes on what the decision could mean for other issues such as same-sex marriage.
If Alito’s decision stands, the Supreme Court would return the question of abortion rights to the states. Ziegler and Whelan address current public sentiment on the issue, as well as the likelihood that the anti-abortion movement will now pursue a nationwide ban.
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