Napolitano: Thoughts on Alito’s Draft Opinion

In the pilfered draft opinion authored by Supreme Court Justice Samuel Alito, he wrote that Roe v. Wade — the court’s 1973 opinion that prohibited the states from banning abortions during the first six months of pregnancy — and Planned Parenthood v. Casey — its 1992 opinion that modified Roe but essentially upheld it — were both egregiously wrong when decided, are egregiously wrong today and so should be overruled.
The practical effect of overruling Roe and Casey will be to return the issue of the lawfulness of abortion to the states, thus liberating all states to legislate as they wish — to ban all abortions or to permit them even AFTER the moment of birth.
Though I agree that Roe …