Yale Law Professor Akhil Amar, in a prominent defense of the Supreme Court’s leaked draft opinion overruling Roe v. Wade, argues in the Wall Street Journal that it contains “nothing radical, illegitimate or improperly political.” Amar supports abortion access but doubts that it is protected by the Constitution. He emphasizes that Roe was poorly reasoned. He thinks that the “dire assessments” of many writers that Justice Samuel Alito’s draft in Dobbs v. Jackson Women’s Health endangers same-sex marriage and some forms of contraception “don’t stand up to scrutiny.” He even suggests that the new regime might not be very hard on women.
His essay has been trumpeted by many in the conservative press as evidence that even some liberals concede that overruling Roe would be no big deal. But the piece is full of unwarranted optimism and leaps of logic… Read More
Andrew Koppelman, John Paul Stevens Professor of Law at Northwestern University, is the author of “Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed” (St. Martin’s Press, forthcoming). Follow him on Twitter @AndrewKoppelman.