Viewpoints
Opinion

Why the Leak of the Draft Decision on Roe v. Wade?

Why the Leak of the Draft Decision on Roe v. Wade?
Demonstrators Jonah Smith from California, left, and Robin G. from the D.C. area, stand outside the U.S. Supreme Court on May 3, 2022. AP Photo/Jose Luis Magana
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Commentary
The leak of a draft Supreme Court opinion potentially overruling Roe v. Wade is unprecedented. To understand the likely motives behind the leak, let’s go back in time and place. Bear with me as I review a similar case (pdf) from a half-century ago.
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Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor, is Senior Fellow in Constitutional Jurisprudence at the Mountain States Policy Center and the Independence Institute. He authored “The Original Constitution” (4th ed., 2025) and is a contributor to the Heritage Foundation’s “Heritage Guide to the Constitution.”
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