Tom Goldstein

E79: Analyzing the leaked draft overturning Roe v. Wade with Amy Howe and Tom Goldstein

Amy Howe, Tom Goldstein, Chamath, Jason

A leaked draft of Justice Samuel Alito's opinion in *Dobbs v. Jackson Women's Health Organization* signals the Supreme Court's intent to overturn *Roe v. Wade* and *Planned Parenthood v. Casey* by redefining constitutional abortion rights as matters for state legislatures rather than fundamental liberties. While the ruling technically limits itself to abortion, its application of originalist principles to overturn precedent threatens the doctrinal foundations of *Obergefell* and *Loving*, potentially inviting future legal challenges to same-sex marriage and contraception rights. This decision concludes a decades-long conservative judicial strategy that will likely fragment US policy into a patchwork of state laws, leaving federal statutory codification difficult due to the current political gridlock.