Bench Memos

Law & the Courts

Mike Paulsen and Rich Lowry on Dobbs

There are so many good pieces on the draft Dobbs opinion on NRO and elsewhere that I ask your indulgence in my highlighting only two of them here.

Law professor Michael Stokes Paulsen, a longtime leader in the pro-life legal movement, declares Justice Alito’s draft opinion to be “magnificent” and a triumph for the Constitution, for the Court, for judicial courage, for principle, and for the rule of law. Read his entire “Three Very Enthusiastic Cheers for the Dobbs Draft.”

Rich Lowry, in “Scalia Was Right—Again,” reminds us of Justice Scalia’s “prescient” dissent in Planned Parenthood v. Casey in which he explained that the majority’s grandiose conceit that it could end the “national division” on abortion was (in Rich’s words) “outlandishly wrongheaded.” Rich concludes:

The Court should have listened to Scalia the first time. Now, Alito’s opinion opens the way for it, after one of the most catastrophic misadventures in its history, to finally heed his wisdom.

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