Draft opinion of Judge Alito in Dobbs cancels half a century of annulment of the previous one roe and also presented us with a wonderful new chronology in which the Supreme Court launches its own little Spanish Inquisition just because someone has prevented the Court from making the most blatant attacks on the Constitution until it is ready to go out the door for summer vacation.
But the draft opinion does more than eliminate roe, it is stated that any interest in freedom that white, heterosexual men could not enjoy in the eighteenth century is inherently suspicious. Alito likes to use his opinions to set the table. He used a random case as a launching pad to tell lawyers to bring him a case in which to avoid unions, and then he did, eliminating the previous four-decade precedent. The project that signals the equality of marriage and contraceptives - written in a language of approval that reads much more like “terrible same-sex marriage you got here, too bad if something happened” - offers Alito’s wish list for the next decade . I don’t think Alito leaked them, but if the final opinion comes out and those explicit references are removed, it wouldn’t take much to convince me that he just wanted to make sure his plan came out first. .
But this plan of attack - even if the draft opinion is subject to some moderation - also telegraphs the battles that lawyers will have to fight for their clients from now on. A joint statement signed by more than 100 law school organizations focuses on this and calls for a rally for the profession.
As we prepare to enter the legal community, it is our collective responsibility to confront and challenge the injustices of the system we inherit. As future lawyers, it is our duty to fight for justice, protecting and restoring the credibility of our legal institutions. If
we do this through direct advocacy, litigation, public works or pro bono, we must not rest until our bodies and fundamental rights remain exclusively ours.
We call on law students, legal scientists, legal organizations and lawyers across the country to use the tools we have been offered to support a fairer society. We appeal to the Supreme Court to respect the precedent and to protect our rights.
No signatories of the Federalist Society? It’s so weird because we’re always told they’re so non-partisan!
See the full letter here.
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you are interested in law, politics and a healthy dose of college sports news. Joe is also the CEO of RPN Executive Search.