Why Alito forcefully rejected Roberts’s ‘measured course’ in the Dobbs decision

Published June 26, 2022 12:00am ET



By a 6-3 vote, the Supreme Court upheld Mississippi’s ban on abortions after 15 weeks of pregnancy. But five of the justices, all of the Republican appointees except for Chief Justice John Roberts, went further in deciding Dobbs v. Jackson Women’s Health Organization, overturning the long-standing Roe v. Wade decision less than a year shy of its 50th anniversary.

Roe is, therefore, no longer a governing precedent. As Alito put it, it was an egregiously wrong decision that had been “on a collision course with the Constitution” from the moment the ink had dried on it.

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