Constitutional Law expert Dr. John R. Vile, who has followed the precarious history of Roe v. Wade since the U.S. Supreme Court's landmark decision in 1973, is available to provide expert commentary on what Justice Samuel Alito's opinion published by Politico could portend for its future.
"Samuel Alito’s leaked opinion in Dobbs v. Jackson Women’s Health Organization represents an extraordinary breach of Supreme Court norms," explains Vile.
"The decision, which could well undergo revision, takes Roe v. Wade and the Casey decisions head-on and returns the issue to the states."
"It was not released with any concurring or dissenting opinions, which will likely be equally interesting."
"Alito disputes Roe’s constitutional foundations and its trimester formulation and questions its historical accuracy."
"Looking ahead, two questions predominate:
- Will the Court give complete carte blanche to the states, or will it eventually settle on a specific time (15 weeks or another standard) in which Roe basically remains in place?
- To what degree will this decision affect Court decisions legitimizing gay marriage?"
"The Court may also have to decide whether it will accept state vigilante laws that give roving commissions to anyone who reports abortions," Vile concludes.
Vile is the author and editor of numerous books on American politics and law, including A Companion to the U.S. Constitution and its Amendments. He is a graduate of the College of William and Mary, who earned his Ph.D. in Government from the University of Virginia.
RSS