It has been just two weeks since Justice Samuel Alito’s draft opinion in the case of Dobbs v. Jackson Women’s Health Organization was leaked to Politico. However, the left is already in absolute meltdown mode, claiming the potential ruling could usher in a return to the Dark Ages, in which women’s rights (among other groups) will be put in peril.
This is fearmongering and hyperbole at its worst. Moreover, it is simply not true.
In essence, Alito’s draft opinion argues that the court erred in its 1973 ruling in Roe v. Wade, in which it claimed abortion was a constitutionally guaranteed right. Therefore, Alito and the four justices who agree with him (as of the writing), argue that the issue should be decided by the states and Congress.
In other words, Alito and company are making a valid case for the preservation of federalism, separation of powers, popular sovereignty and republicanism, which are keystones of the American system of government. The draft opinion also argues against the practice of judicial fiat, which was part and parcel to the Roe decision. Yet, that has not stopped fanatical activists and a plethora of Democratic elected officials from making outlandish and false arguments that the potential ruling could have a harmful effect on women’s rights.
Many on the left are claiming that the potential overturning of Roe will mean that women will no longer have access to what they deem “reproductive rights.” Yet, that is an utterly dishonest premise because several states have statutes in place guaranteeing that abortions will continue to be offered even if Roe is overturned.