Alito’s Draft Dobbs Opinion

Posted: May 3, 2022 by Nazim in Episode!

The emergency podcast alarm has rarely sounded so definitely, as Brett and Nazim discuss the fall-out from Alito’s leaked opinion in Dobbs, including what a draft opinion means for the outcome of the case, what a leak means for the credibility of the Supreme Court, and whether this decision will likely be the majority decision.  Law starts from the jump.

Check out this episode!

Comments
  1. Stephen Hagberg says:

    Interesting podcast and you guys made some great points regarding the draft opinion and the tone. First time listening. I am curious as to whether the respondents and Solicitor General erred in challenging the Court to affirm or overturn; no halfway measures. As such, the apparent attempts to influence/intimidate the Court…. is that going to harden the decision if that’s what the decision is? I’m not sure throwing your weight around the Court is going to impress the Justices.

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    • Nazim says:

      It depends a lot on how predictable you think a particular outcome is, on the harm done in the timeline in which they didn’t challenge Dobbs, the harm in the timeline in which they did, and how you measure that harm. Are we going utilitarian, Aristotelian, or Kantian on these metrics?

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