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Breakpoint

Justice Alito's Leaked Opinion is Compelling

Breakpoint

Colson Center

News, Religion & Spirituality, News Commentary, Christianity

4.82.8K Ratings

🗓️ 4 May 2022

⏱️ 1 minutes

🧾️ Download transcript

Summary

An early draft of Justice Alito's opinion was leaked from the Supreme Court. That's a big deal. 

On Tuesday, the Supreme Court confirmed the authenticity of a draft opinion from Supreme Court Justice Samuel Alito regarding the Dobbs v. Jackson Women's Health case. Justice Alito's opinion is important and is briefly explained in our Breakpoint podcast by Erin Morrow Hawley. Here's a sample: 

The opinion sort of has a couple of parts. It looks first at, "is there any historical right to abortion?" Is it deeply rooted at our nation's tradition and history? That answer is clearly "no." 

Then the opinion talks about stare decisis. The idea is basically, even if Roe is wrong, even if Casey is wrong, should we still uphold them anyway? Justice Alito says clearly, "no." There's not the sort of alliance interest that would justify that. 

One thing Justice Alito's opinion focuses on is damage the so-called "right to abortion" and the Court's finding of it in Roe and Casey have done to this country.  

So, it's been damaging to our democracy, it's damaging to our institutions, and to the Court, so there's no reason to stick to it.  

Listen to the full conversation with Erin at www.breakpoint.org.

Transcript

Click on a timestamp to play from that location

0:00.0

An early draft of Justice Alito's opinion was leaked from the Supreme Court.

0:04.4

That's a big deal.

0:05.5

For the Colson Center, I'm John Stone Street.

0:07.5

This is the point.

0:08.5

On Tuesday, the Supreme Court confirmed the authenticity of a draft opinion for Supreme

0:12.4

Court Justice Samuel Alito in the Dobbs v. Jackson Women's Health case.

0:17.0

Justice Alito's opinion is important, and it was briefly explained on the Breakpoint podcast by

0:22.9

Aaron Hawley of Alliance Defending Freedom. Here's Aaron. So the opinion sort of has a couple of parts.

0:29.5

Looks first, you know, is there any historical right to abortion? Is it deeply rooted in our

0:33.9

nation's tradition and history? That answer is clearly no. Then the opinion

0:38.1

talks about stare decisis and the idea basically is, you know, even if Roe is wrong, even if Casey is

0:43.3

wrong, should we still uphold them anyway? And Justice Alito says clearly no, that there's not the sort

0:48.8

of reliance interest that would justify that. And one thing Justice Alito's opinion focuses on

0:53.5

is the damage that the so-called

0:56.3

right to abortion and the court's finding of it in Roe and Casey have done to this country. So it's been

1:01.9

damaging to our democracy. It's damaging to our institutions and to the court. And so there's no

1:08.3

reason to stick to it. To listen to the full conversation with Aaron and Ryan Anderson of the Ethics and Public

1:14.2

Policy Commission, visit breakpoint.org. That's breakpoint.org. Or subscribe to the

1:20.2

Breakpoint podcast. I'm John Stone Street.

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