THE ENORMOUS CONSEQUENCES OF OVERRULING ROE

THE SHOCKING LEAK OF A DRAFT SUPREME COURT OPINION confirms what everyone expected: Roe v. Wade is about to be overruled. The court prides itself on its extreme secrecy, and revelations about internal deliberations even after the release of opinions are relatively rare. It is unprecedented for someone at the court to give the press a copy of a draft opinion.

Of course, it is possible that the result could change to overrule only for Justice Anthony Kennedy to change his mind and join a majority to reaffirm the right to abortion. But given the composition of the current court, it seems highly unlikely that will survive. The oral arguments on Dec. 1 left no doubt that there are five conservative Justices ready to overrule the 49-year-old precedent: Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett.