A leaked draft opinion is circulating indicating that the Supreme Court may plan to overturn Roe v. Wade, the decision that protects abortion rights. The draft opinion is not an official ruling, and it’s still possible that the Supreme Court may issue a different opinion. Draft opinions are not usually leaked. Many on the right think that the draft was leaked by a liberal staffer to subject the court to political pressure. But it’s also possible that a conservative leaked the draft as a way of politically testing the waters for a highly controversial version of the decision. By leaking a highly extreme opinion, more political space is potentially created for a less extreme, but still very controversial decision. Supreme Court justices do worry about the political legitimacy of the court. They do worry that if they push things too far, congress may seek to impeach some of the justices of pack the court. That brings me to the position I want to put in front of you today–if Donald Trump were president, the Supreme Court might be more skittish about touching Roe. That may sound like a bizarre view. Give me a chance to explain.
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